
Qass L;1 3 H. .) ': 



Book. 



\i V 



°) 1-5 



TABLE OF CONTENTS £/S'. 

CONSTITUTIONAL PROVISIONS 
MITICLE IV 

Sec. Page 

5 Oath of office 3 

6 Removal from office. - — - 3 

8 Legislature to prescribe terms of office. 3 

ARTICLE VIII 

27 Districts : ' 3 

ARTICLE IX 

4 County officers subject to indictment. 3 

ARTICLE X 




2 Capitation tax 4 

5 Pi.wer of legislature to levy 4 

7 County taxes not to exceed what — debt 4 

8 Bonded Indebtedness j> 4 

ARTICLE XII 

1 Legislature to provide system of free schools 5 

2 General Supervision 5 

3 County superintendents « 1 5 

4 School fund — board of 5 

school fund amendment._ 1 6 

5 Legislature to provide for free schools 6 

6 Districts 6 

7 Levies to be reported to clerk of county court 6 

8 White and colored pupils 6 

9 School officers not to be interested in sale of books 6 

10 Independent districts 6 

1 I Normal schools 6 

!2 Legislature to encourage improvement.. 6 

Errata 7 

THE SCHOOL LAW OF WEST VIRGINIA 
Chapter 45 of Code 

1 Definitions — school — district — teacher .'. 9 

2 School year 9 

3 School districts 9 

State Board of Education 

4 How constituted — vacancies — how filled.... 9 

5 Meetings, salary, expenses.. ._ ' 

6 Organization ' i 

7 Powers and Duties. ' ' 

8 Training of Teachers ' ' 

9 Shall prescribe minimum standards for courses of study._ '2 

10 Plans for school buildings shall be approved - '2 

I I Shall adopt text-books._ '2 

? 2 Gifts and bribes - - 1 4 



TABLE OF CONTENTS 



Sec. Page 

13 Shall make rules governing purchase, distribution, and care of text-books 14 

14 Shall make rules 14 

15 Shall exercise other authority 15 

1 6 Boards abolished - 1 5 

The State Superintendent of Schools 

1 7 Election, qualifications, salary 1 5 

General Powers and Duties 

1 8 Shall provide seal 1 5 

19 Shall have general sup-srvision of schools 15 

20 Shall institute proceedings _... 1 & 

2 1 May hold conference 1 6 

22 Shall give interpretation 1 6 

23 State manuals and other publications.- .'— - 16 

24 Shall make a biennial report -- 16 

25 Shall employ assistants.. _ 1 7 

26 Other powers and duties •- 17 

The County Superintendent of Schools 

31 Election, qualification, oath, bond 17 

32 Vacancy— how filled 18 

33 Compensation -- 18 

34 How payments shall be made. -T.. - 18 

Oeneral Powers and Duties 

35- Shall be chief executive officer. - 19 

36 Shall visit schools 19 

37 May hold conference. _ _ 19 

38 Shall be county financial secretary. -. 19 

39 Shall make annual report 20 

40 Shall exercise other authority. - 20 

District Board of Education 

41 How constituted — election — term 21 

42 Tie in the vote __ .., 21 

43 Vocancy — how filled 21 

44 Oath of office 21 

45 Meetings, quorum, compensation - - 2 1 

General Powers and Duties 

46 The district board-a corporation._ _ : 22 

47 School land 22 

48 School property may be sold ^ - 22 

49 Shall provide school sites. 23 

50 Shall provide buildings, furniture, and equipment .- 23 

51 May provide buildings jointly 24 

52 Bond required from contractors - 24 

53 May appoint trustees _ 24 

54 Minimum school term — board may extend same., _ 25 

55 Minimum salaries for teachers — board may increase 25 

56 May appoint district supervisor , 26 

57 Shall appoint teachers 27 

58 Shall have general control 28 

59 Transfer of pupils — tuition 28 

60 May provide kindergartens. 29 

61 Evening schools and other school extension activities - 29 

62 Shall provide school libraries 29 

63 May display United States flag 30 

64 Medical inspection and school nurses 30 



TABLE OF CONTENTS 



Sec. Page 

65 Free text-books 30 

66 May establish teachers' retirement fund 31 

67 Shall provide schools for colored pupils - 31 

68 Other duties _.- - 3 1 

Secretary 

69 Secretary of district board of education — general duties 31 

70 Abstract of proceeding.. 32 

71 Administer oaths... -. - 3z 

72 Assessor's certificate ^2 

73 Report rate of levy 32 

74 Penalty 1 32 

75 Report -■- 32 

76 Salaries of secretaries 33 

77 Other duties _ - 33 

District and County High Schools 

78 District high schools — how established. 33 

79 Joint district high schools 33 

80 Normal training in high schools — state aid — 34 

81 Payment of High school tuition 35 

82 Classification of high schools — state aid._ 35 

83 District and county boards may erect dormitories for high schools. 36 

84 High school may be discontinued _ 36 

85 Junior high schools.- 36 

Teachers 

86 Contracts 36 

87 Teacher's authority - 37 

88 Teachers exempt from serving on juries.- 37 

89 Records and reports ■■ 3/ 

90 Payment of teachers 37 

91 Knumeration - 3o 

92 How enumeration shall be taken and reported 38 

93 Secretary to have enumeration taken 38 

94 Record and report of enumeration. 38 

95 Other duties , - - - 38 

Examinations and Certificate 

96 Certificates required of all teachers — minimum age 38 

97 Time and place of holding examinations. 39 

98 Expends 39 

99 Assistants...- — - ~ ^^ 

100 Fees. - - 39 

10 1 Transmitting questions and manuscripts. 39 

102 Grading of Manuscripts. 40 

103 Misdemeanor.- - ^" 

104 Elementary certificates _ - - ^" 

1 05 High school certificates.- _ - ^' 

106 Supervisor's certificates ^- 

107 Short-course certificate ^^ 

108 Special certificates. - ^^ 

109 Emergency certificates.- 

1 10 Credit for grades made in school ^^ 

1 1 1 Renewal of Certificates 

1 12 Revocation of certificates ." ^^ 

Teachers' Institutes — Coupons of Credit 

113 Time and place of holding teachers' institutes — - ^^ 

1 14 Attendance upon institutes. ^^ 



TABLE OF CONTENTS 



Sec. Page 

1 15 Filing of certificates '. 45 

I 16 Instructors .' 45 

I 1 7 Pay of instructors 45 

I 1 8 Enrollment fee _ 45 

119 Report to be made 45 

120 District institutes. 45 

121 Reading circles — coupons of credit. 45 

Compulsory Attendance 

122 Age — time — misdemeancr 46 

123 Attendance officer — duties _ 47 

124 Secretary to furnish enumeration list !>. 48 

125 Fine for neglect of duty. _ 48 

126 Aiding or abetting violations of compulsory attendance 48 

127 Fines collected 48 

128 Unemployed children over fourteen and under sixteen shall attend school 48 

129 Children over fourteen and under sixteen who are employed shall attend evening or 

part-time day schools 49 

130 Compulsory education of the deaf and the blind 49 

Vocational Education 

' 31 Acceptance of federal act 50 

1 32 Custodian of funds ..:.... ....*. 50 

1 33 State board 5 1 

State Educational Institutions 

134 West Virginia University, name, location, control 51 

135 powers and duties of the president ; 51 

136 the president shall make biennial reports. 51 

137 colleges, schools, departments 51 

138 admission and graduation of students 51 

139 agricultural extension divisions 51 

140 military training 52 

1 4 1 extension in general 52 

142 endowment for agricultural college. 53 

143 federal appropriations 53 

144 agricultural experiment station 53 

145 anatomical board — use of dead bodies .- 53 

146 financial support.. -- 53 

147 State normal schools ...J 53 

148 Preparatory Branch of the State University. 54 

149 The West Virginia Trades School 55 

150 The West Virginia Collegiate Institute 55 

151 The Bluefield Colored Institute.. 56 

152 The West Virginia Schools for the Deaf and the Blind — name — location — management 

purpose.. - 56 

I 53 admission. 56 

154 clothing .-- .57 

155 period of attendance — special admissions - .- 57 

1 56 course of instruction 57 

1 57 registration 57 

158 compensation for registration - 58 

159 West Virginia Industrial School for Boys 58 

160 commitments 58 

1 61 convicts 58 

162 date accompanying commitmentL 58 

163 proceedings for commitment — 59 

164 commitment fees - 59 

1 65 conveyances of youths to school — expense 59 



TABLE OF CONTENTS 



Sec. Page 

166 offenses._ 60 

167 transfers between school and penitentiary - 60 

168 payment by counties of cost of detention — reimbursement. 60 

169 list of inmates for auditor.. - - "0 

1 70 certification of list and credits to county court — levy compelling payment- 61 

171 parole 6' 

172 Industrial Home for Girls — name — location — 6i 

1 73 admission - "' 

1 74 date accompanying commitment — return and sentence — 62 

1 75 trial on complaint - "- 

1 76 separation of races. - °^ 

177 binding out inmates as apprentices - 62 

I 78 cruelty to apprentices...- "3 

179 removal of apprentices — escapes "3 

180 jurisdiction of apprentices — by circuit court — desertion.. _ 63 

181 Other state educational institutions... "3 

1 82 Shall make reports - 63 

1 83 Voting of bonds _ - - 64 

1 84 School elections — how held - - 63 

Sheriffs — Duties As To School Funds 

185 Collections and disbursements of school money — bond t)J 

186 Pay orders - - 65 

187 Annual settlements with county financial secretary 66 

1 88 Payments in excess - - - 66 

1 89 Method of settlement 66 

190 Settlement with county court - 66 

1 9 1 Corrections in settlement _ - 07 

192 Failure to account for, or pay orders - 67 

1 93 Failure to settle 67 

194 Sp-ecial acts for independent school districts 67 

1 95 Inconsistent acts repealed.. 68 

SCHOOL LEVIES AND SCHOOL FUNDS 

1 Meetings for laying levies 69 

5 Statement and levies by boards of education 69 

for elementary schools -- ■ " 

for high schools = -- 71 

6 Secretary to report levies 71 

7 The general school fund '2 

9 Additional fund purposes - ' ^ 

10 Elections. - 74 

1 1 Restricted use of funds - 75 

12 Certain acts prohibited and penalties prescribed.- - 7> 

13 Preparation of forms.- _ 76 

14 Construction of this act.- - ^^ 

EXTENSION OF TERM IN THE ELEMENTARY GRADES WFIERE NORMAL TRAINING 
HIGH SCHOOL IS MAINTAINED 

General provisions for - 77 

STATE BOARD OF CONTROL 

1 How constituted _ '8 

2 Expenses 1 - - 79 

3 Control and management of certain institutions 7^ 

3a Names of certain institutions changed 79 

4 To have financial control of educational Institutions 79 

5 Title to property - 79 



TABLE OF CONTENTS 



Sec. Page 

6 Moneys and funds 80 

7 Same: How expended 80 

8 Clerical assistants — reports of institutions._ 80 

9 Powers and duties 81 

10 Appointment of heads of certain institutions -— 81 

1 1 Rules and regulations 82 

1 2 Shall purchase supplies 82 

13 Buildings for institutions „ 83 

! 4 Records of institutions 84 

1 5 Report to governor 84 

1 6 Gifts and devises _ 84 

1 7 Insurance on buildings.- — - - - 85 

18 Same: Limitations — appropriations for re-building _ 83 

PUBLIC LIBRARIES 

1 Definitions - ,- 85 

2 Levy — upon vote of people 85 

3 Appointment of board _ _ 86 

4 Powers of board of directors.. -. 86 

5 Use of library _ - - - 87 

6 Report of library board._ - 87 

7 Gifts. devi&3s or bequests 87 

8 Penalties for injury to property.. 87 

9 Penalty for failure to return books _ 87 

ABOLISHING THE COMMON DRINKING CUP 

1 Use of common drinking cups - 87 

PROHIBITING THE USE OF CIGARETTES IN SCHOOL HOUSES AND ON SCHOOL 

GROUNDS 

2 & 4 Use of cigarettes prohibited _ .-. 88 

STATE DEPARTMENT OF HEALTH 



I -(2) Commissioner of health — powers and duties 88 

4 Inspectors and examiners — powers and duties _ 88 

2 Public health council 89 

4 Control of tuberculosis sanitarium 89 

STATE COMPENSATION ACT 

General provision for 89-90 

CHILD LABOR LAW 

1 Children under fourteen not to be employed.. 91 

2 Children under sixteen not to be employed in dangerous occupations 91 

3 Work permits and proof of prospective employment, age, schooling, and physical fitness 

required 91-92 

4 Work permits - 93 

5 Age certificates 93 

6 Maximum number hours children may be required to work..'_ 94 

7 Enforcement of the Child Labor law 94 

8 Penalties... i 94 

9 Inconsistent acts rep-ealed 94 

APPENDIX 

School Calendar » - 97 

Forms and Instructions 98-102 

Index - 103 



THE SCHOOL l^A^^r 

OF 

EST VIRGINIA 



Containing the provisions of the Constitution relating to 
Public Education, Chapter forty-five of the Code and other 
Acts and parts of Acts relating to Public Education. 



Published for the use of School Officers, Teachers and the 
public generally, in compliance with Section twenty- three of 
Chapter forty-five of the Code. 



Compiled and Issued by 

THE DEPARTMENT OF SCHOOLS 

M. P. SHAWKEY, State Superintendent 

CHARLESTON 



MARCH 1919. 



^ 






TKICUNE PRINTIHa CO.. CHARLESTON, W. VA. 

, 1^. #f £). 



CONSTITUTIONAL PROVISIONS 

RELATING TO THE 

SCHOOL SYTSEM OF WEST VIRGINIA 



ARTICLE IV 



5. Oath of Office. Every person elected or appointed to any office, before 
proceeding to exercise the authority, or discharge the duties thereof, shall make 
oath or affirmation that he will support the Constitution of the United States 
and the Constitution of this State, and that he will faithfully discharge the 
duties of his said office to the best of his skill and judgment; and no other oath, 
declaration, or test shall be required as a qualification, unless herein otherwise 
provided. 

6. Removal from Office. All officers elected or appointed under this 
Constitution, may, unless in cases herein otherwise provided for, be removed 
from office for official misconduct, incompetence,- neglect of duty, or gross im- 
morality, in such manner as may be prescribed by general laws, and unless so 
removed they shall continue to discharge the duties of their respective offices 
until their successors are elected, or appointed and qualified. 



8. Legislature to Prescribe Terms of Office. The Legislature, in cases 
not provided for in this Constitution, shall prescribe, by general laws, the terms 
of office, powers, duties and compensation of all public officers and agents, and 
the manner in which they shall be elected, appointed and removed. 

ARTICLE VIII. 

27. Districts. Each county shall be laid off into districts, not less than 
three nor more than ten in number, and as nearly equal as may be in territory and 
population. * * * 

ARTICLE IX. 



4. County Officers Subject to Indictment. The Presidents of the 
County Courts, the Justices of the Peace, Sheriffs, Prosecuting Attorneys, 



School Law of West Virginia 



Clerks of the Circuit and of the County Courts, and all other county ofTicers, 
shall be subject to indictment for malfeasance, misfeasance, or neglect of ofTicial 
duty, and on conviction thereof, their offices shall become vacant. 

I am inclined to the opinion tliat the words "all other county officers," as used in this section' 
include members of boards of education, although they are elected in districts. This is by no means 
clear, however. This section is in force ex propria vigore and needs no additional legislation. — 
Alfred Caldu-ell, Attorney-General. 

ARTICLE X 



2. Capitation Tax. The Legislature shall \e\y an annual capitation tax 
of one dollar upon each male inhabitant of the State who has attained the age 
of twenty-one years, which shall be annually appropriated to the support of 
Free Schools. Persons afflicted with bodily infirmity may be exempted from this 
tax. 



5. Power of Legislature to Levy. The power of taxation of the Legislature 
shall extend to provisions for the payment of the State debt, and interest thereon, 
the support of free schools, and the payment of the annual estimated expenses of 
the State; but whenever any deficiency in the revenue shall exist in any year, 
it shall, at the regular session thereof held next after the deficiency occurs, levy 
a tax for the ensuing year, sufficient ^^ith the other sources of income, to meet 
such deficiency, as well as the estimated expenses of such year. 



7. County Taxes Not to Exceed What — Debt. County authorities shall 
never assess taxes, in any one year, the aggregate of which shall exceed ninety- 
five cents per hundred dollars valuation, except for the support of free schools; 
payment of indebtedness existing at the time of the adoption of this Consti- 
tution; and for the payment of any indebtedness with the interest thereon, 
created under the succeeding section, unless such assessment, with all questions 
involving the increase of such aggregate, shall have been submitted to the vote 
of the people of the county, and have received three-fifths of all the votes cast 
for and against it. 

See Brannon vs. County Court, 33 W. Va., p. 789, construing this section. 

8. Bonded Indebtedness. No county, city, school district, or municipal 
corporation, except in cases where such corporations have already authorized 
their bonds to be issued, shall hereafter be allowed to become indebted, in any 
manner, or for any purpose, to an amount, including existing indebtedness in 
the aggregate, exceeding five per centum on the value of the taxable property 
therein to be ascertained by the last assessment for State and county taxes, 
previous to the incurring of such indebtedness; nor without, at the same time 
providing for the collection of a direct annual tax, sufficient to pay, annually, 
the interest on such debt, and the principal thereof, within and not exceeding 
thirty-four years; provided, that no debt shall be contracted under this section, 



School Law of West Vieginia 



unless all questions connected with the same, shall have been first submitted to 
a vote of the people, and received three-fifths of all the votes cast for and against 
the same. 

ARTICLE XIL 

1. Legislature to Provide System of Free Schools. The Legislature 
shall provide by general law, for a thorough and efficient system of Free Schools. 

See4 W. Va.,.p. 499. 

2. General Supervision. The State Superintendent of Free Schools shall 
have a general supervision of free schools, and perform such other duties in 
relation thereto as may be prescribed by law. If in the performance of any such 
duty imposed upon him by the Legislature he shall incur any expenses, he shall 
be reimbursed therefor; provided, the amount does not exceed five hundred 
dollars in any one year. 

3. County Superintendents. The Legislature may provide for county 
superintendents and such other officers as may be necessary to carry out the 
objects of this Article and define their duties, powers and compensation. 

4. School Fund — Board of. The existing permanent and invested school 
fund, and all money accruing to this State from forfeited, delinquent, waste and 
unappropriated lands; and from lands heretofore sold for taxes and purchased 
by the State of Virginia, if hereafter redeemed or sold to others than this state; 
all grants, devises or bequests that may be made to this State, for the purposes 
of education or where the purposes of such grants, devises or bequests are not 
specified; this State's just share of the literary fund of Virginia, whether paid 
over or otherwise liquidated; and any sums of money, stocks or property, which 
this State shall have the right to claim from the State of Virginia for educational 
purposes; the proceeds of the estates of persons who may die without leaving a 
will or heir, and of all escheated lands; the proceeds of any taxes that may be 
levied on the revenues of any corporation; all moneys that may be paid as an 
equivalent for exemption from military duty; and such sums as may from time 
to time be appropriated by the Legislature for the purpose, shall be set apart as 
a separate fund, to be called the "School Fund," and invested under such regu- 
lations as may be prescribed by law, in the interest bearing securities of the United 
States, or of this State, or if such interest bearing securities cannot be obtained, 
then said "School Fund" shall be invested in such other solvent, interest bearing 
securities as shall be approved by the Governor, Superintendent of Free Schools, 
Auditor and Treasurer, who are hereby constituted the "Board of the School 
Fund," to manage the same under such regulations as may be prescribed by law; 
and the interest thereof shall be annually applied to the support of free schools 
throughout the State, and to no other purpose whatever. But any portion of 
said interest remaining unexpended at the close of the fiscal year shall be added 
to and remain a part of the capital of the " School Fund;" provided, that all taxes 
which shall be received by the State upon delinquent lands, except the taxes due to 
the State thereon, shall be refunded to the county, or district by or for which the 
same were levied. 



School Law of West Vibgixia 



School Fund Amendment. The accumulation of the School Fund pro\dded 
for in section four of article twelve, of the Constitution of this State, shall cease 
upon the adoption of this amendment, and all money to the credit of said fund 
over one million of dollars, together with the interest on said fund, shall be used 
for the support of the free schools of this State. All money and taxes heretofore 
payable into the treasury under the pro\-ision of the said section four, to the 
credit of the School Fund, shall be hereafter paid into the treasurs' to the credit 
of the General School Fund for the support of the free schools of the State. 

5. Legislature to Provide for Free Schools. The Legislature shall pro- 
vide for the support of free schools, by appropriating thereto the interest of the 
invested "School Fund," the net proceeds of all forfeitures and fines accruing 
to this State under the laws thereof; the State capitation tax; and by general 
taxation of persons and property, or othen^ise. It shall also provide for raising, 
in each county or district, by the authority of the people thereof, such a propor- 
tion of the amount required for the support of free schools therein as shall be 
prescribed by general laws. 

6. Districts. The school districts into which any county is now divided 
shall continue until changed in pursuance of law. 

7. Levies to be Reported to Clerk of County Court. All levies that 
may be laid by any county or district for the purpose of free schools shall be 
reported to the Clerk of the County Court, and shall, under such regulations 
as may be prescribed by law, be collected by the sheriff, or other collector, who 
shall make annual settlement with the county court, which settlements shall be 
made a matter of record by the clerk thereof, in a book to be kept for that purpose. 

8. White and Colored Pupils. White and colored persons shall not be 
laugh ts in the same school. 

9. School Officers not to be Interested in Sale of Books. No person 
connected ^ith the free school system of the State, or with any educational 
institution of any name or grade under State control, shall be interested in the 
sale, proceeds or profits of any book or other thing used, or to be used therein, 
imder such penalties as may be prescribed by law: Provided, that nothing 
herein shall be construed to apply to any work viTitten, or thing invented, by 
such person. 

10. Independent Districts. No independent free school district, or 
organization shall hereafter be created, except with the consent of the school 
district or districts out of which the same is to be created, expressed by a major- 
ity of the voters voting on the question. 

11. Normal Schools. No appropriation shall hereafter be made to an^^ 
State normal school, or branch thereof, except to those already established and in 
operation, or now chartered. 

12. Legislature to Encourage Improvements. The Legislature shall 
foster and encourage moral, intellectual, scientific, and agricultural improve- 
ment; it shall, whenever it may be practicable, make suitable provision for 
the blind, mute and insane, and for the organization of such institutions of 
learning as the best interests of general education in the State may demand. 



School Law of West Virginia 



ERRATA 

Section 50, line 35. The word "fifty" should read "forty-nine." 

Section 57, line 5. The word "fifty-six" should read "fifty-five." 

Section 67, line 9. The word "fifty-nine" should read "fifty-one." 

Section 74, line 4. The word "seventy-four" should read "seventy-two." 

Section 78, line 15. The word "eighty-seven" should read "eighty-four." 

Section 79, line 11. The word "eighty-seven" should read "eighty-four;" 
and the same in lines 31-32. 

Section 86, line 11. The word "fifty-eight" should read "fifty-seven." 

Section 128, line 11. The word "twenty-five" should read "twenty-two." 

Section 162, line 4. The word "sixty-three" should read "sixty." 

Section 163, line 4. The word "sixty-three" should read "sixty." 

Section 168, lines 6, 7, and 12, the word "sixty-three" in each case should read 
"sixty." 

Section 186, lines 10 and 11. The word "ninety-three" should read "ninety." 

Section 189, line 20. The word "ninety-three" should read "ninety." 

Section 191, line 3. The word "ninety" should read "eighty-seven;" line 
6, the word "ninety-two" should read "eighty-nine;" line 7-a, the word "ninety- 
three" should read "ninety." 

Section 193, line 2. The word "ninety" should read "eighty-seven;" line 10, 
the word "ninety-five" should read "ninety-two." 



The School Law of West Virginia 



(Chapter XLV of the Code of West Virginia, 

Being Chapter Two of the Acts of Nineteen 
hundred nineteen, Regular Session) 



Section 1. Definitions. The words used in this chapter and by-laws and 
in any proceedings pursuant thereto, shall, unless the context clearly indicates a 
different meaning, be construed as follows : 

(1) "School" shall mean the pupils and teacher or teachers assembled in 
one room. 

(2) "District" shall mean magisterial school district and shall not include 
any independent school district heretofore established by special act or acts of 
the Legislature. 

(3) "Teacher" shall mean teacher, supervisor, principal, superintendent, 
public school librarian, or any other person regularly employed for instructional 
purposes in a public school of this State. 

Sec. 2. School Year. The school year shall begin on the first day of July 
and end on the thirtieth day of June, and all reports, accounts and Settlements 
r especting the free schools shall be made with reference to the school year. 

Sec. 3. School Districts. Every magisterial district in each of the counties 
of the State shall be a school district, which shall be divided ijito such number 
of sub-districts as may be necessary for the convenience of the free schools therein. 
The present districts and sub-districts shall remain until changed in the mr nner 
prescribed by law. 

STATE BOARD OF EDUCATION 

Sec. 4. How Constituted — Vacancies — How Filled. There is hereby 
created a State Board of Educsttion which shall be a corporation and as such 
may contract and be contracted with, plead and be impleaded, sue and be sued, 
and have and use a common seal. 

Said board shall consist of seven members of whom one shall be the state 
superintendent of schools, ex-officio, and the other six members shall be ap- 
pointed by the governor, as herein provided from the two dominant political 
parties. On or before the first day of May, one thousand nine hundred and 
nineteen, the governor shall, by and with the consent of the senate, appoint 
six members of the board for the following terms, to commence on the first day 
of July next after their appointment: One for one year, one for two years, one 



10 School Law of West Vibginia 

for three years, one for four years, one for five years, and one for six years. There- 
after one member of the board shall be appointed by the governor on or before 
the first day of May in every year for a term of six years. 

The members of the state board of education shall be citizens of the State, 
but not fewer than three appointive members shall be actively engaged in school 
work, nor shall more than three appointive members be of the same political 
party. No appointee of the board shall ser^'e on the board, unless such appoint- 
ment is to fill a vacancy by the board as provided by the next following paragraph 
of this section. The governor may remove from office any member of the state 
board of education for incompetency, wilful neglect of duty, immorality, mal- 
feasance in office, or for any other good and sufficient reason. 

Vacancies on the board shall be filled by the governor for the unexpired term,, 
but if within sixty days after a vacancy has occurred the governor has not filled 
such vacancy, or if within sixty days after the term of a member of the board 
has expired, the governor has not appointed a successor to such member, then in 
either such event the board itself may fill such vacancy or elect such successor. 
Before exercising any authority or performing any duties as a member of the 
state board of education each member thereof shall qualify as such by taking 
and subscribing to the oath of office prescribed by section five, article four of 
the State Constitution, the certificate whereof shall be filed with the records of 
the board. A suitable office or offices in the state department of schools at 
Charleston shall be provided for the use of the state board of education. 1 

Sec. 5. Meetings, Salary, Expenses. The state board of education shall 
meet in Charleston on the first day of July, one thousand nine hundred and 
nineteen, and thereafter the board shall hold at least six meetings in every year 
at such times and places as its by-laws may prescribe. The board may meet 
at other times as often as may be necessary. Such other meetings shall be by 
resolution of the board when in session, or at the call of the president of the 
board or of the state superintendent of schools. 

Each appointive member of the state board of education shall be entitled tO' 
receive from the general school fund, upon warrants drawn by the state super- 
intendent of schools, the sum of one thousand dollars a year as salar^^ payable 
quarterly, and every member of the board shall be reimbursed from said fund for 
any expenses incident to the performance of his duties, upon presentation of an 
itemized sworn statement of the same. There is hereby created an advisory 
council to the state board of education to assist said board in formulating and 
carrying out policies with respect to the education of the colored youth of the 
State. Said council shall consist of the state supervisor of colored schools, kerein 
provided, and two citizens of the Negro race to be appointed by the governor on 
or before the first day of May, one thousand nine hundred and nineteen, by and 
with the consent of the Senate for the following terms to commence on the first 
day of July next after their appointment; one for two years and one for four 
years, and thereafter one member of said council 'shall be appointed by the 
governor on or before the first day of May in eveiy second year for a term of 
four years. Vacancies in said council shall be filled by the governor for the 
unexpired term. 

The two appointive members of said advisory council shall be entitled to 
receive from the general school fund, upon warrants drawn by the state super- 
intendent of schools, the sum of one thousand dollars a year as salary, payable 



School Law of West Vibginia 11 

quarterly, and each of said appointive members shall be reimbursed from said 
fund for any necessary expenses incident to the performance of his duties, upon 
presentation of itemized sworn statement of same. The said advisory council 
shall have charge of all matters with reference to colored schools, subject to the 
approval of the state board of education. 

Sec. 6. Organization. At its first meeting to be held on the first day 
of July, one thousand nine hundred and nineteen, and at its first regular meeting 
in every year thereafter, the state board of education shall elect one of its members 
as president and one as vice-president of the board. The state superintendent 
of schools shall be the chief executive officer of the state board of education. 
Said board shall appoint a secretary and fix his salary, which shall not exceed 
one thousand eight hundred dollars ($1,800) per year, the same to be paid out 
of the general school fund upon warrants drawn by the state superintendent of 
schools. 

Sec. .7. Powers and Duties. On and after the first day of July, one thousand 
nine hundred and nineteen, the state board of education created in section four 
of this act shall have the general control and management of the educational 
affairs of the West Virginia university, the state normal schools, the West Vir- 
ginia trades school, the West Virginia vocational school, the West Virginia 
collegiate institute, the Bluefield colored institute, the West Virginia schools 
for the deaf and the blind, and of any other State educational institution which 
may hereafter be created by law; and the statutory provisions applicable to 
the government and maintenance of the schools or institutions named in this 
sectipn shall continue in full force except as may be provided otherwise by this 
act or by succeeding acts of the Legislature. Said board shall exercise such 
authority and perform such duties as may have been delegated heretofore to 
the state board of regents, to the state board of education as now constituted, 
to the state school book commission, and to the state vocational board, subject 
however to the provisions of this act and of succeeding acts of the Legislature. 
The state board of education shall employ the president or principal and the 
professors, teachers and other employees of each of the institutions named in 
this section, and shall fix the yearly or monthly salary to be paid to each person 
so employed, to be approved by state board of control according to law. 

Sec. 8. Training of Teachars. The training of teachers in the State shall 
be under the general direction and control of the state board of education, which 
shall through the state superintendents of schools, exercise supervisory control 
over the state normal schools and such other institutions named in section seven 
of this act as may be charged with the duty of training teachers, and over normal 
training high schools. Said board shall also exercise supervisory control over the 
teacher training departments of all private or denominational schools which 
offer courses for the training of teachers, or which maintain classes or departments 
therefor. 

The state board of education shall make rules and regulations for the classi- 
fication and standardization of all schools in the State, and shall determine the 
minimum standards for the conferring of degrees and the granting of diplomas. 
No institution may grant any diploma or confer any degree on any basis of work 
or merit below the minimum standard prescribed by the state board of education. 



12 School Law of West Virginia 

Any institution doing work equal to the minimum standard shall be authorized 
to grant such diplomas or degrees as shall be appropriate to its class, such authori- 
zation to continue so long as the institution maintains the standards set. All 
educational institutions whose degrees or diplomas were for the school year ending 
in June, one thousand nine hundred and eighteen, recognized by the state board 
of education in the granting of teachers' certificates or otherwise, shall be rated 
as approved institutions and shall continue to hold that distinction so long as 
they measure up to the minimum standard for institutions of their respective 
classes. 

It is further provided, however, that nothing contained herein shall infringe 
upon the rights granted to any such institution by charter given according to 
law previous to the passage of this act. It is provided further, that hereafter 
no charter or other instrument containing the right to confer degrees ,or to issue 
diplomas can be granted by the State of West Virginia, to any institution, or 
other association or organization, either withir^or without the State, until the 
condition of corrferring such degrees or of issuing such diplomas have first been 
approved in \\Titing by the state board of education. 

Sec. 9. Shall Prescribe Minimum Standards for Courses of Study. 

The state board of education shall prescribe minimum standards of the courses 
of study to be offered in elementan,- schools, high schools, vocational schools, 
and in all other kinds, grades, and classes of schools, or departments thereof, 
which may now or hereafter be maintained in the State in whole or in part from 
any state fund or funds; provided, however, that the courses of study in the 
state educational institutions shall be prepared by the faculties, teachers, or 
other constituted authority thereof, and shall before going into effect be sub- 
mitted to the state board of education for its approval. 

It is provided that the basic language of instruction in the common school 
branches in all schools, public and private and parochial, shall be in the English 
language only. 

Sec. 10. Plans for School Buildings Shall Be Approved. The state 
board of education shall have authority to require that the plans and specifica- 
tions for any and all school buildings to be erected in school districts and in 
independent school districts having a population of less than five thousand 
(5,000) shall be submitted to said board or its agent for approval. It shall be the 
duty of the state board of education to see that all such plans and specifications 
comply with all the requirements of law relating to the erection of school buUdings. 

Sec. 11. Shall Adopt Text-Books. The. state board of education shall 
adopt text-books for uniform and exclusive use in the public schools of the State, 
except as hereinafter provided, such adoptions to be made subject to the follo's^'ing 
restrictions and provisions : 

(a) By wTitten request or otherwise the state board of education shall ask 
various publishers of text-books in the United States to submit samples and 
prices of text-books on all subjects required to be taught in the schools of the 
State. All bids or proposals shall be under seal, and each bidder shall deposit 
in the state treasury such sum of money as said state board of education shall 
designate, such deposit to be not less than one thousand dollars ($1,000) nor 
more than three thousand dollars ($3,000); and said deposit shall be forfeited 



School Law of West Virginia 



to the gsaeral school fund, if s jch bidder shall fail or refuse to make and execute 
such contract and bond as are herein required in case of the acceptance of all or 
a part of his bid, and otherwise shall be returned to said bidders after contracts 
have been made. o 

(b) All bids shall be opened by the state board of education in executive 
session. After considering the subject matter, printing, binding, general suitable- 
ness and prices of books submitted, said board shall on or before the first Tuesday 
in May, one thousand nine hundred and twenty-two, and every fifth year there- 
after adopt one book, or one series of books, and only one, for uniform and ex- 
clusive use in the free schools of this State, except in classified high schools and in 
towns and cities which have a population of thirty-five hundred or over. All 
bids submitted at such session shall be made a matter of public record by showing 
the same by separate items on the record book of the board. No book or books 
shall be changed at the expiration of any five-year contract except by the unani- 
mous vote of the board. When selections and adoptions of books have been 
properly made, it shall be the duty of the state board of education to execute 
contracts therefor with the publishers thereof for a period of five years, beginning 
July first following, each publisher being required to enter into bond of not less 
than ten thousand dollars ($10,000) to be approved by the state board of public 
works. Such contracts shall be prepared by the attorney general in accordance 
with the terms and provisions oi this act, and shall be executed in duplicate, 
one copy held by the contractors and one by the state superintendent of schools. 
Should any successful bidder fail to contract, or, if for any cause any book or 
books adopted cannot be secured, the state board shall proceed at once to the 
selection and adoption of other books in lieu thereof. The State of West Virginia 
shall not be liable in any sum on account of any contract made in pursuance of 
the provisions of this section. It is expressly provided, however, that nothing 
contained herein shall impair the contracts now in effect between the state 
school book commission abolished by section sixteen of this act and the publishers 
of uniform text-books now adopted and in use in the public schools of the State. 

(c) If any publisher or contractor furnishes to this State any book of like 
binding, material and workmanship at a higher price than the price at which said 
publisher or contractor furnishes the same book to any other state, county, city 
or other school unit in the United States, like conditions prevailing, the state 
board of education shall require such publisher or contractor to make a like reduc- 
tion of such price in this State, under penalty of cancellation of contract for 
any such book. 

(d) It shall be the duty of the state board of education to fix the prices at 
which the various books adopted shall be sold to patrons, the excess of which 
above contract price shall represent the profit to the retailer; but in no case 
shall such profit exceed twenty per cent of the contract price. The state super- 
intendent of free schools shall notify each county superintendent of the list of 
books adopted and the prices at which they are to be sold and any person selling 
such books at a higher price than that fixed by the state board of education shall 
be guilty of a misdemeanor, and upon conviction thereof, shall be fined not 
less than ten dollars nor more than fifty dollars. The books furnished during the 
contract period shall be equal in all respects to the sample copies furnished the 
said board; and it shall be the duty of the state superintendent of free schools 



14 School Liw of West Virginia 

to carefully preserve in his ofRce as the standard of quality, sample copies of all 
books contracted for. 

(e) It shall be the duty of each contractor at his own expense to place with 
responsible dealers, in no fewer than three magisterial districts in each county, 
at least two weeks before the beginning of school in any district in the county 
where such books are used, a sufficient number of books to supply the demand. 
He shall also arrange for the exchange of books at such places, allowing pupils or 
boards of education an exchange price as liberal as is granted on the same books 
to any other city, county, or state in the United States, like conditions prevailing. 
The exchange privilege shall extend through one entire school year, and the dealer 
making the exchange slrall be allowed by the contractors ten per cent of the cash 
proceeds of same. Nothing in this act is to be construed as preventing the use of 
supplementary' readers; provided, they do not displace the adopted readers, 
nor the use of more advanced books in such schools as may be ready for the same. 

Sec. 12. Gifts and Bribes. Any member of the state board of education 
who shall receive, solicit or accept any gift, present or thing of value to influence 
bim in his vote for the adoption of books, or any person who shall either directly 
or indirectly give or offer to give any such gift, present or thing of value to any 
member of said state board of education to influence him in voting for the adop- 
tion of books shall be guilty of a felony, and upon conviction thereof shall be 
punished by confinement in the penitentiary of this state not less than one year 
nor more than three years. 

Sec. 13. Shall Make Rules Governing Purchase, Distribution and Care 
of Text-Books. The state board of education shall make rules governing the 
purchase, distribution, use, and care of all free text-books used in the public 
schools of this State. 

Sec. 14. Shall Make Rules. Subject to and in conformity with the state 
constitution and the laws of the State, the state board of education shall deter- 
mine the educational policies of the State and shall make rules for carrying into 
effect the laws and policies of the State relating to education, including rules 
relating to the physical welfare of pupils, the education of feeble-minded and 
physically disabled or crippled children of school age, retirement fund for teachers, 
school attendance, evening and continuation or part-time day schools, school 
extension work, the classification of schools, the issuing of certificates upon 
credentials, the purchase, distribution and care of free text-books by the district 
board of education, the general powers and duties of county and district boards 
of education, and of school trustees, teachers, principals, supervisors, and super- 
intendents and such other matters pertaining to the public schools in the St 
as may seem to the board to be necessary and expedient. 

The state board of education is hereby authorized and empowered to accept 
for the State of West Virginia any appropriations of money for the removal of 
illiteracy, the teaching of immigrants, and other educational purposes that may 
hereafter be made out of the federal treasury by any act or acts of congress, 
and shall be constituted the chief state educational authority for the expenditure 
and administration of any such funds. Said board shall have authority to make 
rules and regulations for the expenditure of such funds, such expenditure to be 
in accordance with the terms of the acts of congress making such appropriations. 



School Law of West Virginia 15 

The treasurer of the State is hereby designated as custodian for all funds received 
as apportionments under the provisions of any such act or acts of congress. 

Sec. 15. Shall Exercise Other Authority. The state board of education 
shall exercise such other authority and perform such other duties as may be 
delegated to it by this act and by succeeding acts of the Legislature. 

Sec. 16. Boards Abolished. The state board of regents, the state board 
of education, the state school book commission, and the state vocational board 
as now respectively constituted by law are hereby abolished, eiTective at mid- 
night of the thirtieth day of June, one thousand nine hun^ired and nineteen. 

THE STATE SUPERINTENDENT OF SCHOOLS 

Sec. 17. Election, Oualifications, Salary. There shall be elected by the 
qualified voters of the State a state superintendent of schools, whose term of 
office sh'all be the same as that of the governor. He shall be a person of good 
moral character, of recognized ability as a school administrator, with academic 
and professional training equivalent to graduation from a standard university 
or college, and shall have had not less than five years of experience in public 
school work. He shall receive an annual salary of five thousand dollars ($5,000), 
to be paid monthly out of the state fund upon warrants of the state auditor, 
and he shall receive necessary traveling expenses when away from the capital 
on official business, not to exceed the sum of five hundred dollars, the same to be 
paid out of the general school fund upon warrants of the state auditor. Said 
superintendent shall reside and keep his office at the state capital. 

General Powers and Duties 

Sec. 18. Shall Provide Seal. The state superintendent of schools shall 
provide a seal for his office and copies of his acts and decisions, and of papers 
kept in his office when authenticated by his signature and his official seal, shall 
be received as evidence in all courts the same as the original. He shall sign all 
requisitions on the auditor for the payment of money out of the state treasury 
for school purposes, except as otherwise provided by law. 

Sec. 19. Shall Have General Supervision of Schools. The state super- 
intendent of schools shall have general supervision of the free schools of the State, 
and shall be the chief executive officer of the state board of education. He shall 
be charged with the general supervision of all county and city superintendents of 
free schools and of county and district boards of education within the State, 
except as provided in chapter thirty-three of the acts of one thousand nine hun- 
dred and eight. He shall prescribe the forms and cause to be prepared and 
printed all blanks necessary for carrying out the details of the school system of 
the State, and of the rules of the state board of education, so as to secure the 
uniform operation of the same throughout the State. In respect to general 
school statistics, said forms and blanks shall conform as nearly as may be to 
the form-s and blanks recommended by the United States bureau of education. 
Said state superintendent shall also cause such forms and blanks to be forwarded 
to all school officers and other persons whose duty or right it is to use them. 



16 School Law of West Virginia 

Sec. 20. Shall Institute Proceedings. The state superintendent of schools 
shall cause to be instituted such proceedings or processes as may be necessary 
properly to enforce and give effect to any provision or provisions of this act and 
to the provisions of any other -general or special laws pertaining to the school 
system of the State, or any part thereof, or of any rule or direction of the state 
board of education, made in conformity with its powers and duties as provided 
in this or subsequent acts. Said superintendent shall have authority to admin- 
ister oaths and to examine under oath, in any part of the State, witnesses in any 
proceeding pertaining to the public schools, and to cause such examination 
to be reduced to writing. Witnesses, other than employees of the State, shall 
be entitled to the same fees as in civil cases in the circuit court. The state super- 
intendent of schools shall have power to institute the proper proceedings for the 
removal of any school official charged with dishonesty, continued neglect of duty, 
or with failure to comply v%ith the provisions of this act or of the rules of the 
state board of education. 

Sec. 21. May Hold Conference. The state superintendent of schools 
shall have the authority to call conferences of the county, district, and city super- 
intendents of schools of the State, or of any group or groups of such superin- 
tendents, for the purpose of considering with them an^' matters relating to- the 
conditions and needs of the schools and the proper means of improving the schools 
throughout the State, or any section thereof. 

Sec. 22. Shall Give Interpretation. At the request in writing of any 
citizen, teacher, school official, county or state officer, the state superintendent 
of schools shall give his interpretation of the meaning of any part of the school 
law or of the rules of the state board of education. 

Sec. 23. State Manuals and Other Publications. (1) From time to 
time as may be necessar\% the state superintendent of schools shall cause to be 
prepared and published for distribution to the proper persons to receive them, 
manuals of the courses of study prescribed by the state board of education, as 
pro\ided by section nine of this act. It shall be his duty to see that the minimum 
standards set forth therein shall be maintained in all the several kinds and grades 
of the public schools throughout the State. It shall also be the duty of the 
state superintendent of schools to provide for the examination of pupils completing 
such courses of study and to cause diplomas or certificates to be issued to all 
persons who satisfactorily complete such courses. 

(2) Said superintendent shall cause to be printed and distributed from time 
to time a sufficient number of copies of the school law to supply the needs of school 
officials and other citizens of the State. 

(3) Said superintendent shall cause to be prepared and published a list of 
books suitable for school libraries and shall recommend the proper conditions 
for the purchase and use of such books. Such list shall be distributed among 
the teachers, principals, and superintendents throughout the State. 

(4) The state superintendent of schools shall also have authority to publish 
and distribute such other reports, circulars of information, and bulletins as in 
his judgment will promote the best interests of the schools. 

The expenses of printing all such publications or other documents shall be 
paid out of the general school fund on warrants drawn by the state superin- 
tendent of schools. 

Sec. 24. Shall Make a Biennial Report. On or before the first day of 
November preceding each regular session of the Legislature, the state super-" 



School Law of West Vieqinia. 1.7 

intendent of schools shall make and transmit a report to the governor, to be 
transmitted by him to the I.,egislature. Such reports shall contain summaries 
of the annual reports of the county superintendents and such other information 
about the conditions of the public school-system of the State as said superinten- 
dent may deem it wise to communicate to the governor and the Legislature. 
Said report shall, however, contain such information about the public schools 
of the State as the governor or the Legislature may have previously requested. 
Said report shall also include the recommendations of the state superintendent 
respecting needed legislation on behalf of the schools. 

Sec. 25. Shall Employ Assistants. For carrying into effect the provisions 
of this act, the state superintendent of schools shall maintain a department of 
public schools at his office at the state capital and he. shall have authority to 
appoint assistants and such other employees as may be necessary, including a 
state supervisor of colored schools, whose salary shall be $2,400.00 per annum 
and for any necessary expenses incident to the performance of his duties, upon 
presentation of itemized sworn statement of the same. 

Sec. 26. Other Powers and Duties. The state superintendent of schools 
shall exercise such other powers and discharge such other duties as are herein 
assigned to him, or as may from time to time be assigned to him by the Legis- 
lature and by the state board of education. 

THE COUNTY SUPERINTENDENT OF SCHOOLS 

Sec. 31. Election, Qualification, Oath, Bond. The county superin- 
tendents of schools elected at the general election in November, one thousand 
nine hundred and eighteen, shall hold office for the full term of four years for 
which they were elected, and until their successors are elected as herein provided 
and are qualified according to law. 

A county superintendent of free schools shall be elected in each county by the 
voters thereof, at the general election held on the Tuesday after the first Monday 
in November, one thousand nine hundred and twenty-two,. who shall be a resi- 
dent of the county in which he is elected and whose term of office shall commence 
on the first day of July next after his election, and continue for four years and 
until his successor is elected and qualified according to law. The county super- 
intendent of free schools shall immediately upon receiving the certificate of 
election from the canvassing board, or the county court, forward a written 
notice thereof to the state superintendent of free school?. 

In case of a tie in the vote for a county superintendent of free schools, the 
presidents of the various district boards of education shall at a meeting called for 
that purpose, at the court house of the county, by the county superintendent of 
free schools, not less than six nor more than twelve days after the result of such 
election is ascertained, appoint one of the persons receiving the highest number 
of votes for said office at the said election as county superintendent of free schools 
who shall give notice as aforesaid to the state superintendent of his appointment. 
A notice of such meeting shall be made out by the county superintendent and 
served upon the president of each district board of education at least three days 
before the day of such meeting in the manner provided by law for the service of 
other process. 

After this act shall go into effect, no person shall be elected or appointed to the 
office of County Superintendent of Schools who does not, at the time of his 



18 School Law of West Vieginia 

election, hold a supervisor's certificate or who is not a graduate of a standard 
normal school or who has not completed courses in other institutions that, in 
the opinion of the state board of education, are equivalent to such graduation. 
Provided, however, that anyone who holds a first grade elementary certificate 
or its equivalent, issued prior to July first, one thousand nine hundred and 
twenty-two, on which he has taught for a period of ten years, shall be eligible to 
the office of county superintendent, the same as the ones possessing the qualifica- 
tions named in this section. 

Before assuming any of the duties of his office, or exercising any authority 
whatsoever, every county superintendent of schools shall qualify before the 
clerk of the county court, and he shall also execute with said clerk a bond with 
approved security in the penalty of one thousand dollars ($1,000) conditioned 
upon the faithful performance of the duties of his office and upon the account- 
ing and paying over to the proper authorities of all money coming into his hands. 
Said clerk shall within five days after said qualification and execution of bond, 
certify to the state superintendent of schools the name of such county super- 
intendent and the fact of his qualifying and executing such bond. 

Every county superintendent of schools shall devote his entire time during his 
term of office to the performance of his duties as superintendent. 

Sec. 32. Vacancy, How Filled. Upon proper complaint in writing, from the 
state superintendent of schools or from any officer or citizen of the county against 
any county superintendent of schools for immorality, misconduct in office, in- 
competency, ^\'ilful neglect of duty, or other good and sufficient cause, the state 
board of education may, after careful investigation of such complaint, remove 
any such county superintendent of schools by making known to him in writing 
upon not less than ten days' notice, the charges against him and by giving him 
an opportunity to be heard in his own defense, either in person or by counsel. 
After this act shall go into effect any vacancy occurring in the office of county 
superintendent of schools, whether by removal or otherwise, shall be filled by 
the presidents of the district boards of education until the next general election. 
In case of a tie in the vote for filling any such vacancy, the state superintendent of 
schools shall appoint a county superintendent of schools. 

Sec. 33. Compensation. County superintendents of schools shall receive 
for their services from the general school fund annual compensation as follows: 
In counties having fewer than seventy-five schools, t\yelve hundred dollars 
($1,200); in counties having seventy-five schools but fewer than one hundred 
schools, thirteen hundred dollars ($1,300); in counties having one hundred 
schools but fewer than one hundred twenty-five schools, fourteen hundred dollars 
($1,400); and in counties having one hundred twenty-five schools or more, 
the county superintendent shall receive fourteen hundred dollars ($1,400), and 
in addition thereto three dollars ($3.00) for each school above one hundred 
twenty-four; provided, however, that the salary of a county superintendent 
of schools payable out of the general school fund shall in no case exceed twenty- 
one hundred dollars ($2,100) pgr annum. 

Sec. 34. How Payments Shall Be Made. Such compensation of the 
county superintendent of schools shall be paid monthly out of the general school 
fund upon orders drawn by the county superintendent of schools on the state 
superintendent, who shall upon receiving the same issue a requisition upon the 
auditor therefor, payable to said county superintendent, or to his assignee. 



School Law of West Virginia 19 

General Powers and Duties 

Sec. 35. Shall be Chief Executive Officer. As chief executive school 
officer in the county, the county superintendent of schools shall see that the 
school law and the rules of the state board of education are carried into effect, 
except in independent school districts. He shall explain the true intent and 
meaning of the school laws and of the rules of the state board of education; 
he shall decide all controversies and disputes involving the orders of any district 
board of education in his county, and his decisions shall be final unless the same 
are appealed within thirty days to the state superintendent of schools. Said 
county superintendent shall also have authority to administer oaths and to 
examine under oath, witnesses in any proceeding pertaining to the public schools 
of the county and to cause the examination to be reduced to writing. 

Sec. 36. Shall Visit Schools. The county superintendent of schools shall 
visit the schools of his county as often as practicable, shall observe the manage- 
ment and instruction therein, and offer suggestions for the improvement of the 
same. He 'shall advise with supervisors, principals, and teachers; shall counsel 
with district boards of education and school trustees, and shall labor in every 
way to awaken public interest in the schools and to improve educational condi- 
tions throughout the county. Subject to the rules of the state board of educa- 
tion the county superintendent of schools shall cause the schools of his county 
to be graded and standardized and shall see that at least the minimum standards 
for the courses of study as prescribed by the state board of education are main- 
tained. He shall report to the proper district board of education all cases of 
incompetency or neglect of duty on the part of any teacher, trustee, or attendance 
officer and he shall report to the state superintendent of schools all cases of 
drunkenness, untruthfulness, immorality or continued neglect of duty on the 
part of teachers, principals, and supervisors, with his recommendations for the 
proper remedy by said state superintendent. The county superintendent of 
schools shall also have authority to suspend any teacher whose presence in the 
school he regards as detrimental to the welfare of the pupils, pending an investi- 
gation into the conduct or condition of such teacher by the state superintendent 
of schools or by his representatives. If the physical conditions in or about any 
school house are in the judgment of the county superintendent of schools a 
menace to the health or safety of the pupils of the school, said county super- 
intendent shall have authority to close such .school until such conditions are 
remedied. 

Sec. 37. May Hold Conference. The county superintendent of schools 
shall have authority to call annually, or from time to time as needs may require, 
conferences of members and secretaries of boards of education or of principals and 
supervisors of schools in order that he may discuss with them his plans for im- 
proving the administration of the school affairs throughout the county. Members 
of boards and supervisors and principals shall be reimbursed out of the building 
fund of their respective districts for their actual and necessary traveling expenses 
incurred in attending one such conference each school year. 

Sec. 38. Shall be County Financial Secretary. The county superin- 
tendent of schools in each county shall be ex-offlcio county financial secretary 
of school affairs, and as such officer he shall have the power and authority to 
perform the duties herein assigned to him by the Legislature. 

The county financial secretary shall keep the financial records for all the 



20 School Law of West Vieqinia 

schools within his county, said records to be kept in the form prescribed by the 
chief inspector under chapter thirty-three, acts of 1908. He shall countersign 
all proper orders issued by the several boards of education within his county 
before said orders are payable by the sheriff or school treasurer, and shall make 
annual settlements with the sheriff or school treasurer for the several school 
funds, as provided by law; he shall at the end of each month deliver to each 
board of education a summarized statement showing the financial condition 
of their several school funds, said statement to be in the form prescribed by the 
chief inspector under chapter thirty-three, acts of one thousand nine hundred 
and eight. 

No sheriff or school treasurer shall pay any order drawn on any school fund 
until said order has been countersigned by the county financial secretany\ At 
the end of each month the sheriff or school treasurer shall make a report to the 
county financial secretary-, showing the date, number and amount of each school 
bond and interest coupon paid during the month. 

The county court of every county shall provide at the county seat a suitable 
office, in the courthouse, if there be sufficient room, for the county superintendent 
of schools, and shall keep the same supplied with the necessary furniture, appa- 
ratus, fuel, light, record books, stationery, postage, and such other things as 
shall be necessary', including janitor ser\ice. The county financial secretary shall 
receive for his services required by this act an annual compensation of seventy- 
five dollars, except that in counties having more than one hundred teachers 
employed for at least six months during the year, the annual compensation shall 
be at the rate of seventy-five cents for each teacher so employed, said compen- 
sation to be based on the number of teachers employed during the preceding year, 
and to be paid monthly on orders issued by the county court drawTi on the general 
county fund. 

Sec. 39. Shall Make Annual Report. The county superintendent of schools 
shall receive and revise the reports made to him by the secretaries of the several 
boards of education of the districts and independent districts, and see that they 
are complete and in forms prescribed by law or as prepared by the state supei- 
intendent of schools; and when deficiencies or errors exist, he shall return such 
reports to such secretaries and refuse to issue warrants for their salaries until all 
reports are accurate and complete. From these reports and such other infor- 
mation as he may have the county superintendent of schools shall make a report 
to the state superintendent of schools on or before the first day of August an- 
nually, or as soon thereafter as possible, setting forth in reference to each district 
and independent district of his coimty for the year ending on the thu-tieth day 
of June next preceding, the several particulars required in the blank forms to be 
furnished to him by the state superintendent of schools. If any county super- 
intendent of schools shall fail to make such report to the state superintendent of 
schools by the first day of August in any year said state superintendent shall have 
authority to withhold the salary of such county superintendent and may deduct 
three dollars ($3.00) from the salary of such county superintendent for every day 
after the first day of August until the receipt of such annual report. 

Sec. 40. Shall Exercise Other Authority. The county superintendent of 
schools shall exercise such other authority and perform such other duties as may 
be prescribed by this act or by succeeding acts of the Legislature, or as may be 



School Law of West Vieginia 21 



required by the by-laws of the state board of education, and he shall have author- 
ity to act at his discretion in any cases of emergency affecting the best interests 
of the schools. 

DISTRICT BOARD OF EDUCATION 

Sec. 41. How Constituted, Election, Term. In each district there shall 
be a board of education, which shall consist of a president and two school com- 
missioners, elected by the qualified voters of the district. The commissioner 
who was elected at the general election in one thousand nine hundred and sixteen, 
and the commissioner and president who were elected at the general election in 
one thousand nine hundred and eighteen, shall serve the full term of four years 
for which they were elected, and until their successors are elected or appointed 
and have qualified according to law. At the general election to be held on the 
Tuesday after the first Monday in November, one thousand nine hundred and 
twenty, and.every four years thereafter, one school commissioner shall be elected; 
and at the general election to be held on the Tuesday after the first Monday in 
November, one thousand nine hundred and twenty-two, and every four years 
thereafter, a president and one school commissioner shall be elected. Their 
terms of office shall commence on the first day of July next after their election, 
and they shall each continue in office for four years, and until their successor? 
are elected or appointed and have qualified according to law. 

Sec. 42. Tie in the Vote. In case of a tie in the vote for school commissioner 
or president of the board the county superintendent shall appoint one of the 
contestants as commissioner or president. 

Sec. 43. Vacancy, How Filled. Any member of any board of education 
who shall be employed to teach in his district, or any member who shall move to 
another district, county or state, shall in either case thereby immediately vacate 
his office. 

Vacancies in the office of school commissioner or president shall be filled by 
the county superintendent of schools. 

Sec. 44. Oath of Office. Every president and commissioner of a board of 
education elected or appointed within the State shall, before exercising any 
authority or performing any duties of his office, qualify as such by taking and 
subscribing to the oath of office prescribed by section five of article four of the. 
State Constitution, which oath shall be filed with the secretary of the board of 
education of his district. 

Sec. 45. Meetings, Quorum, Compensation. — ^The district boards of 
education shall hold their regular meetings on the first Monday in July, the 
second and fourth Tuesdays in August, and when the schools are in session, on the 
fourth Saturday of each calendar month, or other regular day in the fourth week. 
of the month to be agreed upon by the board, all such meetings to be held at a 
place to be designated by the board at its first meeting held on the first Monday 
in July. Upon the call of the president or of the two school commissioners boards 
of education may hold other meetings, but no business shall be transacted at 
any called meeting except such as may be designated in the call therefor, of which 
all the members have had notice. 

A majority of all the members of a board of education shall constitute a quorumi 
and such board cannot transact any official business except when assembled as a 
board. 



22 School Law of West Virginia 

Each member of a board of education shall be entitled to receive, as compen- 
sation for his service, three dollars ($3.00) a day for each day spent in the per- 
formance of his official duties; provided, however, that no president of a board 
of education shall receive pay for more than fifteen days, and no commissioner 
shall receive pay for more than twelve days, in any year. 

General Powers and Duties 

Sec. 46. The District Board a Corporation. The board of education of 
each district shall be a corporation by the name of "The board of education of 

the district of — in the county of ," and as such may sue and be 

sued, plead and be impleaded, contract and be contracted with; and shall succeed 
and be subrogated to all the rights of former district boards of education; and 
may prosecute and maintain any and all suits and proceedings now pending or 
which might have been brought and prosecuted in the name of any such former 
board of education for the recoverv' of any money, or property or damage to any 
property due to or vested in such former board, and shall also be liable in its 
corporate capacity for all claims legally existing against the board of educa- 
tion of which it is successor. Said board shall, according to law, hold and dispose 
of any real estate or personal property belonging to said corporation or its prede- 
cessors, or that may hereafter come into its possession. Said board shall receive, 
hold and dispose of, according to law, and the intent of the instrument con- 
ferring title, any gift, grant, devise or bequest. All schoolhouses, school sites, 
and other property belonging to any board of education and used for school 
purposes shall be exempt from execution or other process, and free from lien 
or distress for taxes or for county or state levies. • 

Sec. 47. School Land. Any land or school sites which for five years prior 
to the first day of July, one thousand nine hundred and nineteen, have been 
in the undisputed possession of any district board of education and which are 
still in such possession and to which title cannot be shown by any other claimant, 
shall be the property of the board of education of the district in which any such 
lands may lie, and the title thereto shall be vested in such board and their suc- 
cessors in office, to be held and used for school purposes, subject to the provisions 
of section forty-nine of this act. 

Sec. 48. School Property May Be Sold. It shall be the duty of every district 
board of education to ascertain, at the beginning of each school year, the physical 
condition of all school buildings in its district and the necessity of the same 
for school purposes and such buildings as, in the judgment of the board, are 
properly located and are suitable or can with reasonable expense be rendered 
suitable for school purposes, shall, if necessary for carrying on the schools, be 
retained; all other buildings together with lands held in connection therewith, 
shall with the consent of the county superintendent of schools be sold at public 
auction to the highest responsible bidder, by the board of education, on proper 
legal notice and on such terms of sale as the board may order, and the proceeds 
of such sale shall be placed to the credit of the building fund of the district; 
provided, that in rural districts the grantor of such lands, his heirs or assigns, 
shall have the right, at such sale, to purchase said land, exclusive of mineral 
rights, and buildings thereon, at the same price for which it was sold, plus legal 
interest. Said board may also lease for oil or gas or other minerals any lands 



School Law of West Virginia li3 

or school sites owned in fee by it, and not used for school purposes, the rental 
or other proceeds of any such lease to be placed to the credit of the building 
fund of the district. 

Sec. 49. Shall Provide School Sites. The board of education of every 
district and independent school district shall provide by purchase, condemnation 
or otherwise, such lands as may be necessary for school buildings, playgrounds, 
experiments in agriculture, and other educational purposes, and shall have 
authori y to make the necessary expenditures for the improvement of such lands. 

If the owner or owners refuse to sell any land selected by a board of education 
or a county superintendent as a location for a schoolhouse and other necessary 
buildings, or for enlarging a schoolhouse lot, or for any other educational purpose, 
or if such owner demand an unreasonable price therefor, or is "non compos 
mentis," a "femme couverte," a minor, or a non-resident, the board of education 
may petition the circuit court to have such land condemned, and such proceedings 
shall thereupon be had in the name of such board for the condemnation thereof, 
as provided for in chapter forty-two of the code of West Virginia; provided, 
that the land so taken shall not exceed in quantity five acres. 

It is provided, however, that except in independent school districts, no lands 
may be purchased by any board of education, nor condemned by any circuit 
court, unless such lands have first been approved for the purpose or purposes 
intended, by the county superintendent of schools, in writing. It is provided, 
further, that a board of education cannot spend public school funds for the erection 
of school houses or other buildings for educational purposes, on lands to which 
the bo&rd does not possess legal title or other instrument of possession approved 
by the county superintendent of schools. 

Sec. 50. Shall Provide Buildings, Furniture and Equipment. The 
board of education of every district and independent school district shall pro- 
vide by purchase, lease, building, or otherwise a sufficient number of suitable 
schoolhouses and other buildings to meet the educational needs of its district. 
Said board shall also provide such furniture, fixtures, and apparatus for said 
school houses and other buildings as may be necessary for the effectiveness of 
the schools and for the convenience, health, and cleanliness of the pupils thereof, 
including fuel and other necessary supplies and shall cause the school grounds, 
school houses, and the furniture, fixtures, and apparatus therein to be kept in good 
order and repair, and may provide for medical and dental clinics. It is provided, 
however, that no schoolhouse or other school building shall be constructed by 
any board of education, except in independent districts, until the location there- 
for has first been approved by the county superintendent of schools, nor until 
the plans for such building have first been approved in writing by said super- 
intendent, unless the plans have been indorsed by the state board of education 
or its agent. In the event said board cannot agree upon the location or plans of 
any proposed school building said county superintendent shall select the loca- 
tion and the plans for such building. 

It is further provided, that proposed repairs upon old buildings or the 
remodeling of the same, costing in excess of two hundred ($200.00) dollars for 
any building, shall not be made by a board of education, except in independent 
districts, without the written approval of the county superintendent of schools; 
and that no purchase of school furniture, fixtures, equipment, library books or 
supplies costing in excess of fifty ($50.00) dollars shall be made by such board of 
education without the written approval of said superintendent. 



24 School Law of West Vieginia 

The county superintendent of schools may as county financial secretary 
refuse to countersign any orders which may be issued by any board of education 
in violation of the provisions of this section and of section fifty* requiring his 
approval. 

The county superintendent of schools shall also have authority to require that 
any district board of education shall submit for his approval any contract about 
to be made by such board involving an expenditure from the building fund of the 
district, if the amount of such contract is in excess of three hundred ($300.00) 
dollars. 

Sec. 51. May Provide Buildings Jointly. District boards of education 
in adjoining districts may jointly provide for the construction of schoolhouses- 
and the teaching of school therein for the attendance of pupils in adjoining por- 
tions of such districts, whether in the same or different counties, who may be 
better accommodated by such union of schools. The title of such schoolhouses 
shall be vested in the board of education of the district in which such joint school- 
house is located, and the terms of the agreement shall be reduced to wTiting 
and entered of record in the minutes of each board concerned. Such school- 
houses shall be provided with furniture, fixtures, and such other apparatus and 
equipment as are supplied to schoolhouses generally, and an equitable amount 
of the cost thereof shall be apportioned to each district affected by such union, 
and the same shall be paid by each board in the manner of payment of other 
school expenses within its own district. 

Sec. 52. Bond Required from Contractors. Boards of education shall 
in all cases require persons entering into contract for the building or repairing of 
schoolhouses where the contract price exceeds one hundred ($100.00) dollars,, 
to execute bond, with approved security, in double the amount of the contract 
price. 

Sec. 53. May Appoint Trustees. Boards of education may, at their dis- 
cretion, appoint one school trustee for each of the sub-districts, in their districts, 
or for any one or.more of such sub-districts, to be custodian of the school properties 
therein. If any board of education decides to exercise the authority herein given 
to it to appoint trustees, it shall at its first regular meeting in any year com- 
mencing with the school year, beginning the first day of July, one thousand nine 
hundred and nineteen, appoint as trustee for each such sub-district a responsible 
citizen thereof, for a term of one year from the date of his appointment. Said 
district board may at any time for neglect of duty or for other good cause, remove 
any trustee so appointed by serving notice upon him of his removal, and may 
appoint his successor for the unexpired term. Provided, however, that nothing 
herein shall prevent a board of education from appointing three trustees for each 
sub-district in its district, who, when appointed, shall be the custodians of the 
school property therein, and who shall have the authority to appoint and con- 
tract ^^ith teachers in their respective sub-districts, but such appointments 
shall be made at a meeting to be held on the third Monday in July of each year, 
or as soon thereafter as practical, and under the conditions provided by law for 
contracting with teachers. 

At their meeting on the first Monday in July, one thousand nine hundred and 
nineteen, the board of education, if it exercise the authority to appoint three 
trustees, shall appoint one for a term of one year; one for a term of two years; 
and one for a term of three years; who shall hold their offices until their successors 

*Refers to section forty-nine. 



School Law of West Vieginia 



are appointed and qualified. After the expiration of said terms all appointments 
shall be made for a term of three years; but nothing herein shall prevent a board 
of education from exercising the right to appoint trustees at their meeting on the 
first Monday in July of any subsequent year. 

The trustees so appointed shall exercise the same right and authority over 
their respective sub-districts as is exercised by the board of education when no 
trustees are appointed therein, but shall be subject to removal by the board of 
education at any time for neglect of duty or misconduct in office. The act of 
removing any trustee by a board of education as aforesaid shall be final. A 
school trustee shall be under the immediate direction of the board of education 
of his district, or of its authorized executive officer. He shall receive no salaiy 
or other emolument in recognition of his services as school trustee, but if while 
performing any duty imposed upon him by an order of the board of education of 
his district, when such order is in conformity with the orders of the board, he 
incurs any expense to himself, he shall be reimbursed therefor out of the building 
fund of the district, and if he is required to perform any labor by orders of thi 
board he shall be allowed a reasonable compensation for the time actually and 
necessarily spent at such labor. Said board shall also have authority to appoint 
janitors for school buildings and to pay such janitors out of the building fund an 
amount not to exceed two dollars ($2.00) per week for each class room in use in 
such building. It is provided, however, that the maximum of two dollars 
per week for janitor service shall not apply in independent districts or in graded 
and high schools of more than four rooms. 

Sec. 54. Minimum School Term — Board May Extend Same. The 
board of education of every district and independent district shall provide in. 
the schools of its district a minimum school term in each year as follows: In. 
the year 1919-1920, one hundred twenty days; in the year 1920-1921, one hundred 
thirty days; in the year 1921-1922, one hundred forty days; in the year 1922- 
1923, one hundred fifty days; in the year 1923-1924, and thereafter, one hundred 
sixty days. It is provided, however, that the board of education of any district 
or independent school district shall have authority to extend such minimum 
school term in any year for as many days in addition thereto as the board may 
determine. It is provided, further, that if the proceeds of the regular levies- 
authorized by law are insufficient to enable the board of education of any district 
to extend the term of school for a longer term than the minimum herein pro- 
vided, such board may at any general election or at a special election submit to 
the qualified voters of the district the question of laying an additional levy for 
such extension of the school term, and if petitioned so to do by at least fifty tax- 
payers in any district, the board of education shall submit the question of such 
additional levy. If at any such election a majority of the votes cast on the ques- 
tion are in favor of such additional levy, it shall then be the duty of the board of 
education to make such extension and to lay on all the assessed valuation of 
property in the district such additional levies as may be necessary to pay the 
additional cost of the same. The term of school fixed by such election shall 
continue from year to year so long as a majority of the votes cast at the election 
at which the question of "school levy" is submitted, be in favor of such "school 
levy," or until the term so fixed shall be changed by a majority vote of the people 
in such district. The schools shall be open to all youths between the ages of six 
and twenty-one for the full length of the school term provided in their district. 

Sec. 55. Minimum Salaries for Teachers — Board May Increase. Com- 



26 School Law of West Virginia 

mencing with the school year, 1919-1920, every teacher employed in the schools 
throughout the State, who holds a certificate of the first grade, shall receive not 
less than seventy-five dollars (S75.00) a month; ever^^ teacher so employed and 
holding a certificate of the second grade shall receive not less than sixty dollars 
(S60.00) a month; and every teacher so employed and holding a certificate of 
the third grade, shall receive not less than forty-five dollars (S45.00) a month. 
But the board of education of any district or independent district shall have 
authority to fix a schedule of salaries for teachers holding the aforesaid grades 
of certificates at higher rates than the minimum salaries herein provided. 

The board of education of any district or independent district may fix a higher 
rate of salarv' than the rate fixed for teachers in general, holding certificates of the 
first, second, and third grades, to be paid to teachers in graded schools haxdng two 
or more rooms in the same building, to teachers who are graduates in the diploma 
course of state normal schools and other schools of equal or higher grade, and to 
teachers who attend within the summer vacation period the summer term of the 
West Virginia University, or of one of the state normal schools or of other schools 
of equal or higher grade and standing. Boards of education shall have authority 
to fix schedules of salaries to be paid to superintendents, principals, supervisors, 
and all other employees under its authority and control. 

Sec. 56. May Appoint District Supervisors. The board of education of 
every district in the State shall have authority to appoint for its district a dis- 
trict supervisor of schools and to fix his salary-. The salary- of a district supervisor 
shall be paid monthly out of the teachers' funds of the district. Said board may, 
subject to the -vvTitten approval of the county superintendent of schools, appoint 
one or more assistant district supervisors in districts in which fifty or more 
principals and teachers are employed. 

It is provided, further, that the board of education of any district may employ 
a district supervisor for as many months longer than the regular school term as 
may be necessary for him to supervise the construction of new buildings, the 
repairing of old buildings, the improvement of school grounds, and to do such 
other work as may be approved by the board. Said board may also co-operate 
\vith the extension division of the college of agriculture of West Virginia Uni- 
versity in employing the district supervisor or another person as agricultural 
club agent for the organization and direction of boys' and girls' agricultural 
clubs in the district; but any district supervisor so appointed shall be under the 
authority and direction of the board of education of the district and he shall in 
no case neglect the work of super\ising the schools and of performing his other 
duties as district supervisor. It is provided, further, that two or more dis- 
tricts in the same county or in adjoining counties may appoint a district super- 
visor jointly, the apportionment of the salarv^ and of the time of such super- 
visor to be arranged according to the number of schools in each district. 

Commencing with the year 1920-1921, no person shall be eligible for appoint- 
ment as district super\isor who does not hold a valid supervisor's certificate or 
its equivalent as defined by the state board of education and who is not also a 
graduate of a standard normal school or who has not had other academic and 
professional training approved by the state board of education as equivalent in 
all respects to graduation from a standard normal school; provided, that, 
prior to the first day of Jul}', 1923, any person holding a first grade teachers' 



School Law of "West Virginia 27 

certificate, who has had successful experience in supervising schools may, upon 
the recommendation of the state board of education, be granted by the state 
superintendent a provisional license to act as district supervisor. 

The district supervisor shall be the executive officer of the board of education 
of his district. He shall attend all the meetings of the board, except when his 
appointment, tenure or salary is the order of business, and he shall have the 
privilege of the floor, but he shall have no vote. From a list of applicants in the 
hands of the board of education the district supervisor shall have authority to 
recommend for appointment by the board a sufficient number of principals and 
teachers for the schools of the district, except in incorporated towns and cities 
where superintendents are appointed by the board, and he shall have authority 
to assign to their respective posts of duty all principals and teachers so appointed. 
Said supervisor shall visit the schools of his district as often as possible and shall 
see that the school laws are enforced, that minimum standards of the courses of 
study prepared by the state board of education are maintained, and that all the 
laws and rules of the state board of education relating to the health of school 
children are observed. He shall supervise the methods of instruction in the schools 
and offer such suggestions to teachers as he may deem expedient, and he shall 
have authority to call meetings of the teachers as often as practicable. He shall 
make such reports as the state superintendent of schools may require. 

Sec. 57. Shall Appoint Teachers. The board of education shall on or 
before the first Monday in July in each year, if practicable, appoint the principals 
and teachers for all the schools in the district and shall fix their salaries as provided 
by section fifty-six* of this act. All such appointments shall be in writing accord- 
ing to the form of contract to be furnished by the state superintendent of schools 
and all such contracts, together with the certificates of the appointees, shall be 
filed with the secretary of the board. 

The board of education of any district or independent district may suspend 
or dismiss any principal or teacher so appointed, for immorality, incompetency, 
cruelty, insubordination, intemperance or wilful neglect of duty, provided that 
the charges be stated in writing and that the teacher be given an opportunity to 
be heard by the board upon not less than ten days' notice and provided that in 
all cases when the board is not unanimous in its decisions to suspend or dismiss, 
the principal or teacher so suspended or dismissed shall have the right of appeal 
to the state superintendent of schools. It is provided, however, that any teacher 
who enters into a contract with a board of education to teach in a public school 
and who fails to complete the term of such contract,. unless prevented from doing 
so by personal illness or other just cause, or unless released from such contract 
by said board, shall be disqualified to teach in any other public school in the 
State during the term of such contract. 

If any school is closed by the proper health authorities on account of the 
prevalence of any contagious or infectious diseases, the time during which such 
school is closed shall be counted as if taught in determining whether a school 
has been maintained for the minimum term, and the teacher of such school shall 
not be compelled to make up such lost time provided he held himself in readiness 
to teach subject to the order of the board. 

In making contracts with teachers or other employees of the board, it shall be 
understood that schools are not to be kept in operation for instruction on any 
Saturday or on the following days which are hereby named and designated as 

*Refers to section fifty-five. 



28 School Law of West Vieginia 

school holidays, namely: The Fourth of July, commonly called Independence- 
Day; the last Thursday in November, commonly called Thanksgiving Day; 
the twenty-fifth day of December, commonly called Christmas Day; any day 
on which a general election is held throughout the State; and any day appointed 
and set apart by the president or the governor as a day of special observance by 
the people of the State; provided, that no teacher shall count any such holiday 
or other day so set apart, as a day taught; but shall teach twenty full days for 
each school month specified in his or her contract; and provided, further, 
that on Washrogton's birthday the schools shall be open and shall devote a portion 
of the day to exercises bearing on the life and ser\ices of "The Father of Our 
Countrj-," and that Arbor Day, Memorial Day and any other special days shall 
be observed at such times and in such manner as the state board of education 
may determine. 

Sec. 58. Shall Have General Control. In accordance with the provisions- 
of this act and subject to the rules and regulations of the state board of educa- 
tion, ever\^ district board of education shall have the general control and man- 
agement of all the schools and the school interests of its district; it shall have 
authority to change the boundaries of sub-districts and increase or diminish the 
niunber thereof; and it shall, as hereinafter provided, establish high schools. 
Said board shall have authority to close any schools which may be unnecessary 
and to assign the pupils of such schools to other schools, and to consolidate twa 
or more small schools into central graded schools to be knowTi as " consolidated 
schools," and to pro\'ide a building with all necessary- equipment therefor. Said 
board shall also have authority to pro\dde at public expense for the transportation 
of pupils to and from such consolidated schools, or other schools where transpor- 
tation of pupils may be necessary-; provided, that such transportation shall 
be in accordance with the rules and regulations of the state board of education 
relating thereto. It is provided, further, that said district board of education 
may close any elementan.' school whose average daily attendance falls below 
ten pupils for two months in succession, and shall thereupon direct the pupils- 
affected thereby to attend, if possible, another school or other schools in the 
same or in adjoining districts or independent districts, whether in the same or 
in adjoining counties, and the teacher of any school so closed or abandoned 
shall receive no further compensation as teacher of such school. It is pro\aded^ 
also, that whenever any child or group of children of school age shall, by reason 
of the pro\'isions of this act, or for any cause whatsoever, be \\ithout opportunity 
to attend a free school as provided by law, within two miles of their homes by the 
shortest available road or path, the board of education of the district in wliich 
such child or group of children reside, may employ such means as to the board 
may seem best to pro\-ide educational opportunities to such child or group of 
children, and may expend for such purpose an amount not to exceed the propor- 
tion of aU the school funds of the district that such child or group of children would- 
be entitled to receive, if all such funds were distributed equally among all the 
children of school age in the district upon a per capita basis, such expenditure 
to be made according to such rules and regulations as the said district board may- 
make therefor. 

Sec. 59. Transfer of Pupils — Tuition. The board of education of every 
district and independent district shall determine what schools in its district the- 
pupUs shall attend. But upon the wTitten request of any parent, guardian or 
other person legally responsible for any pupil or pupils, the board of education: 



School Law of West Vieqinia 29 

>may transfer such pupils to another school in the district, or to a school in an 
adjoining district or independent district, if it can be shown that such pupils 
would be better accommodated at such other school. Any person aggrieved by 
the action of a district board of education regarding such application for transfer 
•of pupils may appeal to the county superintendent of schools, whose decision 
shall be final. 

Transfers of pupils from one district or independent district to another, whether 
in the same or in adjoining counties shall be made by the board of education of 
the district in which the pupil or pupils desiring to be transferred reside, and the 
■same shall be subject to the approval of the board of education of the district or 
independent district in charge of the schools to which such pupil or pupils wish 
to be transferred. In all cases of transfer of pupils, either to elementary schools 
or to high schools, the board of education of the district making such transfer 
■shall pay to the board of education to which such transfers are made, reasonable 
tuition fees, which for elementary schools shall not exceed two and one-half 
dollars ($2.50) a month, and which for high schools shall not be less than two and 
one-half dollars ($2.50) nor more than five dollars ($5.00) a month, the same to 
be paid out of the teachers' fund of the one district to the teachers' fund of the 
other. 

Sec. 60. May Provide Kindergartens. The board of education of any 
■district or independent district may establish in connection with the schools of 
■such district, kindergarten classes to which may be admitted children between 
the ages of four and six years. 

Persons employed as teachers in such kindergarten classes shall be required 
to hold special kindergarten certificates which shall be issued by the state super- 
intendent of schools under regulations pres(?ribed by the state board of education. 

Sec. 61. Evening Schools and Other School Extension Activities. 
The board of education of any district or independent district shall have authority 
to establish and maintain evening classes or night schools, continuation or part- 
time day schools, and vocational schools wherever practicable to do so, and shall 
admit thereto adult persons and all other persons, including persons of foreign 
birth, but excepting children and youth who are required by law to attend day 
schools. Boards of education shall have the authority to use school funds for the 
financial support of such schools and to use the school houses and their equip- 
ment for such purposes. Any such classes of schools shall be conducted in accord- 
ance with the rules and regulations of the state board of education. 

The board of education of any district or independent district shall have 
authority also to provide for the free, comfortable, and convenient use of any 
■school property to promote and facilitate frequent meetings and associations 
■ol the people in discussion, study, recreation and other community activities, 
and may require, assemble and house material for use in the study of farm, 
'home, and community problems and may provide facilities for the dissemination 
■of information useful on the farm, in the home, or in the community. 

Sec. 62. Shall Provide School Libraries. The board of education of 
•every district and independent district may provide libraries for their schools 
and may purchase books, bookcases and other things necessary therefor, and shall 
pay the costs of such libraries out of the school funds of their districts. Books 
■so purchased, except in independent school districts and in high schools, shall 
foe selected from an approved list to be prepared and published from time to time 



30 School Law of West Virginia 

by the state superintendent of schools. It is provided, however, that books 
not included in such list may be purchased upon the written approval of said 
superintendent. 

Boards of education of such districts shall have authority to employ during 
the vacation period, a librarian for any school having fifty volumes or more and 
to pay such librarian out of the school funds of the district, an amount not to 
exceed one (SI -00) dollar a day for each day such library is kept open, by order 
of the board. Any librarian so appointed shall keep the library open at least 
one day a week, at which time the patrons and pupils of the school may draw 
books from the library- under such rules and regulations for the care ,and return 
thereof as the board may make. 

Sec. 63. May Display United States Flag. Every board of education 
shall have authority to purchase, out of the building fund, United States flags of 
regulation bunting for the school buildings of the district and to require the same 
to be displayed over such school buildings during the time the schools are in 
session. 

Sec. 64. Medical Inspection and School Nurses. Boards of education of 
independent school districts shall, and boards of education of districts may, 
employ proper medical and dental inspection of all pupils attending the schools 
of their districts. 

Boards of education of districts and independent districts shall also have 
authority to employ school nurses and to take any other action necessary to 
protect the pupils from contagious and infectious diseases, including the authority 
to require from all teachers employed in their districts, certificates of good health 
and of physical fitness for the work of instruction in the schools. 

Sec. 65. Free Text Books. The board of education of any district or in- 
dependent district may purchase the necessary text-books prescribed to be used 
in the free schools under their control and furnish the same free to the pupils of 
said schools, or to pupils whose parents, in the judgment of the board, are finan- 
cially unable to provide such books. If the board of education determines to 
purchase and furnish such free text-books, they shall enter an order to that effect 
upon the records and shall cause said books to be purchased and kept in charge 
by the secretary and furnished to the pupils of free schools of their district as 
hereinafter provided. 

At the commencement of every term of the free schools in such district the 
secretary shall deliver to the teachers thereof such books as may be necessary 
for the use of the several pupils therein for the ensuing term of school and take 
from them receipts showing the number and Idnd of books so received. It shall 
be the duty of such teachers to take charge of such books and to distribute them 
among the pupils of their schools as needed, and said teachers shall have and 
exercise general control over said books during such term and at the close thereof 
and before they receive an order for salary for the last month of such term shall 
coUect and gather together all the books so used during the term and deliver 
them to the secretary of the board of education; provided, that if any of the 
books delivered to any pupil of such district shall be uimecessarily injured or 
destroyed they shall be replaced by the pupil who injured or destroyed them. 
All such books shall be purchased by the board of education directly from the 
publisher, contracted with as prescribed by law and at the net wholesale price. 
Provided, however, that the teacher shall be allowed pay for a period of two 
days at the same rate of pay for which he is teaching, and also be furnished means 



School Laav of West Vieginia 31 

of transportation for going after and returning the text-books for the school, 
the same to be paid out of the building fund of the district, in which he teaches, 
on the return of the books to the school board's depository-! 

Sec. 66. May Establish Teachers' Retirement Fund. Boards of edu- 
cation of districts and independent school districts shall have authority to estab- 
lish and maintain a Teachers' Retirement Fund for the teachers of their dis- 
tricts, the administration of such fund to be in accordance with the rules of the 
state board of education relating thereto. Any board of education which provides 
such retirement fund shall have authority to jnaintain the same out of the teach- 
ers' fund in accordance with said rules. 

Sec. 67. Shall Provide Schools for Colored Pupils. White and colored 
pupils shall not be taught in the same school, or in the same building, but it shall 
be the duty of the board of education to establish one free school, or more if 
necessary, in any sub-district wherein there are ten or more colored persons of 
school age and, if practicable, in any district wherein there are fewer than ten. 
For the purpose of carrying out this section the board of education may establish 
schools composed of pupils from adjacent districts in the manner provided in 
section fifty-nine* of this chapter for white pupils. 

Whenever, in any school district, the benefit of a free school education is not 
secured to the colored children of school age residing therein in the manner 
mentioned in this section, the funds applicable to the support of the free schools 
in such district shall be divided by the board of education in the proportion which 
the number of colored children bear to the number of white children therein, 
according to the last enumeration made for school purposes, and the share of the 
former shall be set apart for the education of colored persons of school age in such 
district, and be applied for the purpose from time to time in such way as the 
board of education may deem best. Any board of education failing to comply 
with this section may be compelled to do so by mandamus. 

Sec. 68. Other Duties. The district board of education shall exercise such 
other authority and perform such other duties as may be prescribed by law or by 
the regulations of the state board of education. 

Sec. 69. Secretary of District Board of Education — General Duties. — 
The district board of education at its first meeting to be held on the first Monday 
in July of each year, shall appoint a secretary who shall not be a member of the 
board, and who shall, before entering upon the discharge of his duties, take the 
oath prescribed by law, and shall attend all meetings of the board, and record 
their ofTicial proceedings in a book kept for that purpose, showing the number of 
each order issued, the name of the payee, the purpose for which issued, 
and the amount thereof, which record shall be attested by his signature 
and the signature of the president of the board. He shall have the 
care and custody of all papers belonging to the board, including evidences 
of title, contracts and obligations and shall preserve the same in his office 
properly arranged for reference; and he shall record and keep on file in 
his office such papers and documents pertaining to the business of the board 
and keep such accounts and prepare and certify such reports and writings as the 
law may require or the board direct, all of which records, papers, contracts, docu- 
ments and other property pertaining to his office shall be immediately delivered 
in proper condition to his successor in office. Whenever any orders are drawn on 
the sheriff or school treasurer, the secretary shall immediately make up a list of 

*Refers to section fifty-one. 



-"32 " School La-w of West Vieginia 

■said orders, showiag the number of each order, the name of the payee and the 
amount, which list together with said orders shall be delivered to the county 
fnancial secretary fdr his signature and proper record. Said orders shall then 
be delivered by the county financial secretary' to the persons entitled to the 
•same. 

Sec. 70. Abstract of Proceeding. The secretary of the board of education 
of each district shall, within three days after each meeting of the board of edu- 
cation, post an abstract of the proceedings thereof at the front door of the place 
of meeting, and within ten days after the annual settlement \^ith the sheriff the 
:secretary of the board of education of each district and independent district shall 
post at the same place an itemized statement, duly sworn to by the president 
and the secretar\'- of the board, shomng all disbursements by the board of edu- 
cation by orders drawn on the sheriff,- or otherwise, within the school year preced- 
ing, from the teachers' fund, and any other fund from which disbursements are 
made, setting forth the name of the person to whom and the purpose for which 
■each order was issued. 

Sec. 71. Administer Oaths. The secretan/ of a board of education shall 
have authority to administer oaths to school officers and to teachers or others 
making reports. 

Sec. 72. Assessor's Certificate. The assessor shall make out and deliver 
to the secretarj^ of the board of education of each district and independent district 
in his county on or before the second Tuesday in August in each year a certificate 
showing the aggregate valuation of all personal property and real estate in such 
district or independent district, and to the county superintendent of free schools 
a certificate of the aggregate valuations of such property in the county, which 
certificates shall serve as the basis for the school levies for the ensuing year. 

Sec. 73. Report Rate of Levy. Within five days after the district board of 
education has laid the le\y for the building fund and the teachers' fund it shall 
be the duty of the secretary to report the rate thereof to the county superin- 
tendent and the proper assessor, and within five days thereafter it shall be the 
dutj^ of the county superintendent to report the rate of levy for the various funds 
to the clerk of the county court and the county assessor and the rate of le\y for 
all funds, and the total valuation of real and personal property in each district 
and independent district to the state superintendent and the auditor; and it shall 
thereupon be the duty of the proper county officer to extend o , the personal 
property book and on the land book the amount of taxes le^ied as aforesaid, in 
separate columns, headed respectively, building fund, and teachers' fund, which 
taxes the sheriff shall coUect and account for as required by law. 

Sec. 74. Penalty. Any assessor, clerk of the county court, secretary- of a 
board of education, or county superintendent who fails to perform the duties 
required of him by sections seventy-three and seventy-four* of this act shal Ibe 
.guUty of a misdemeanor and upon conviction thereof shall be fined tw^enty dollars. 

Sec. 75. Report. From the reports of trustees, the teachers' registers, the 
aimual settlement with the sheriff, and from such other information as he may 
be able to obtain, the secretary shall make a tabular report to the county super- 
intendent on or before the twentieth day of Juh^ annually, showing all the statistics 
and other facts required in the blanks furnished bj- the state superintendent and 
rsuch explanations and remarks as he may deem pertinent. 

*Refers to section seventy-two. 



School Law of West Vikginia 33 

Sec. 76. Salaries of Secretaries. Secretaries of district boards of educa- 
tion shall receive annually as compensation for their services the following 
amounts : In districts having fewer than fifteen schools they shall receive twenty- 
five dollars; in districts having as many as fifteen but fewer than twenty-five 
schools, they shall receive forty dollars; in districts having as many as twenty- 
five but fewer than fifty schools, they shall receive seventy-five dollars; and in 
districts having fifty schools or more they shall receive one hundred dollars and 
in addition two dollars for each school over fifty. 

Sec. 77. Other Duties. The secretary of the district board of education 
shall exercise such other authority and perform such other duties as may be 
prescribed by law. 

DISTRICT AND COUNTY HIGH SCHOOLS 

Sec. 78. District Higii Schools — How Established. If the board of 
education of any district, or independent district, deems it expedient to establish 
a high school in such district, it shall submit the question to the voters of the 
district at a general or special election in the manner following, that is to say: 
The board shall prepare and sign a notice setting forth the kind of school proposed; 
the estimated expense of establishing the same, including cost of site, building, 
furniture, books and apparatus and the estimated annual expense of supporting 
the school after it is in operation, with such other information concerning it as 
the board may deem proper; and stating that the question of authorizing the 
establishment of such high school shall be submitted to the voters of the district 
at the election specified in the notice. Such election shall be held according to 
the provisions of section one hundred eighty-seven* of this act. The ballots 
used in voting on the question of establishing a district high school shall have 
printed thereon the phrase "For district high school" and the phrase "Against 
district high school." If it is found by the results of such election that a majority 
of the voters who voted on the question are in favor of authorizing the establish- 
ment of a district high school, the board of education of the district shall, at the 
proper time, proceed to lay the necessan,?^ levies therefor, as provided by law, and 
to obtain a site or sites, erect, furnish, and equip a building or buildings for 
high school purposes, and employ the necessary teachers therefor. Every dis- 
trict and independent district high school which may be established under the 
provisions of this section, and every district and independent district high school 
lawfully established when this act goes into effect, shall be under the control 
and management of the board of education of the district or independent district 
in which such high school is located, and shall be support5ed by a levy laid for that 
purpose by such board of education according to law, and by such other revenues 
as may be in the high school fund of the district. 

Sec. 79. Joint District High Schools. The boards of education of two or 
more contiguous districts, in the same county, may, if authorized so to do by a 
vote of the people of each of such districts, establish and maintain jointly a 
high school in any one of such contiguous districts. The building or buildings 
for such joint high school, if any are to be erected, and the site therefor, shall 
be owned jointly in proportion to the amount contributed by the districts so 

*Refers to section one hundred eighty-four. 



34 School Law of West VutGiNiA 

uniting. The boards of education of such districts shall submit the question to 
the voters of the respective districts at a general or special election in the manner 
required by section one hundred eighty-seven* of this act. 

The boards of education of the districts proposing to unite shall meet and 
determine the location of the proposed school, the estimated amount to be con- 
tributed toward the establishment and yearly maintenance of said school by each 
district, the total cost thereof to be apportioned among the districts uniting on 
the basis of their respective valuations of taxable property, which agreement shall 
be reduced to writing and entered of record in the minute book of the respective 
boards, and the substance of which shall be made a part of the statement to the 
voters as hereinbefore provided for. 

The control and management of said joint high school, after the same is estab- 
lished, is hereby vested in the boards of education of the several districts so 
uniting to be exercised in joint session. The county superintendent of schools 
shall be ex-officio a member and chairman of said joint session, and as such shall 
be entitled to vote and participate in the control and management of said joint 
high school. There is hereby conferred upon each board of education full authority 
for the establishment and maintenance of such joint high school, the election to 
be held and the result to be ascertained as provided in section one hundred 
eighty-seven* of this act; and all of the provisions of said section, so far as the 
same are applicable, are made applicable to the establishment and maintenance 
of such joint high school, except that a majority of the voters of each district 
shall be sufTicient to authorize the establishment of such high school. 

Said boards of education, in joint session as herein provided, may authorize 
the teaching of elementary pupils in such high school building, upon such terms 
for the use of the building as they may determine. 

Sec. 80. Normal Training in High Schools — State Aid. Whenever in 
the judgment of any county high school board or of any district or independent 
district board of education in whose district a high school is maintained, it is 
advisable to provide for the better training of the teachers in the elementary 
schools of its county or district, such county high school board, district board 
of education or independent district bc^rd of education shall have the authority 
to establish and maintain a normal training department in connection with any 
high school under its control, to provide necessary rooms, furniture, equipment 
and supplies, and to employ teachers therefor. 

It shall be the duty of the state board of education to prescribe a course of 
study for such normal training department, to determine the number and quali- 
fications of teachers to be employed therein, and to establish such other regula- 
tions and requirements for their conduct as they may deem best; and when a 
normal training department has been established in any high school in accordance 
with the regulations and requirements of the state board of education and has 
been approved by said board, such high school shall be designated and known as 
a normal training high school. The state board of education shall on or before 
the first day of October annually, report the number and location of high schools 
approved by it as normal training high schools, to the state superintendent of 
schools. Normal training high schools so approved shall be entitled to receive, 
in addition to the state aid now provided by law for classified high schools, the 
sum of four hundred dollars ($400.00) annually, the same to be paid out of the 

♦Refers to section one hundred eighty- our. 



School Law of West Vibginia 35 

appropriation for classified high schools at the time and in the manner prescribed 
by law for the payment of state aid to classified high schools, and to be used for 
the maintenance of normal training departments of such high schools and for no 
other purpose; provided, however, that not more than ten high schools in the 
State shall receive aid as normal training schools at one time; and provided, 
further, that such state aid shall not be given in support of any such normal 
training department of any high school located in any county in which a state 
normal school or other state school maintaining such normal training course is 
located. 

Sec. 81. Payment of High School Tuition. It shall be the duty of the 
board of education in any district which does not maintain a high school or assist 
in the maintenance of a county high school to pay the tuition fees of all pupils in 
its district who have completed the course of study in the elementary schools 
and who attend public high schools in other districts or counties, or other schools 
of high school grade within the state; provided, that boards of education shall 
not pay less than two dollars and fifty cents ($2.50) nor more than five dollars 
($5.00) per month for such tuition for each pupil attending such high school, 
or other school of high school grade; provided, further, that boards of education 
shall not be required to pay such tuition fees for any pupil for more than four 
years. 

A board of education maintaining a high school having courses of study of less 
than four years shall in like manner pay for the tuition of pupils who have com- 
pleted a course in such school and who desire to complete a four-year course 
in some other high school, or other school of high school grade, offering such 
course. 

Fees for the tuition of high school pupils shall be paid out of the teachers' 
fund of the district upon the presentation of a certificate giving the names of the 
pupils for whom tuition fees are due and the number of months each was in 
attendance, said certificate to be signed by the president of the board of edu- 
cation or other board controlling the high school or other school in which tuition 
pupils were in attendance and by the principal of the school. 

Sec. 82. Classification of High Schools — State Aid. (a) The high schools 
of this State shall be divided into three classes as follows: 

High schools of the first class shall include all high schools offering courses of 
study covering four years of not less than thirty-six weeks each and employing 
not fewer than three thoroughly qualified high school teachers who devote all of 
their time to the teaching of high school subjects. 

High schools of the second class shall include all high schools offering courses 
of study covering three years of not less than thirty-six weeks each and employing 
not fewer than two thoroughly qualified high school teachers who devote all of 
their time to the teaching of high school subjects. 

High schools of the third class shall include all high schools offering courses of 
study covering two years of not less than thirty-six weeks each and employing 
at least one thoroughly qualified high school teacher who devotes all of his time 
to the teaching of high school subjects. 

(b) It shall be the duty of the State Superintendent of School to classify all 
of the high schools of the state in accordance with the provisions of division (a) 
of this section. 

(c) To assist in the maintenance of all such high schools as have been properly 



36 School Law of West Virginia 

classified according to the provisions of division (a) of this section and have 
complied with all the requirements thereof, the following amounts from appro- 
priations to be made for that purpose shall be paid annually out of the state 
fund. 

To each high school of the first class, $800.00; to each high school of the 
second class, $600.00; and to each high school of the third class, §400.00. 

(d) The state superintendent of schools shall not later than the first day of 
December, annually, notify the county superintendent of schools of each county 
as to the amount due under the provisions of this section to each of the classified 
high schools in his county. The county superintendent shall issue his warrants 
upon the auditor, payable to the order of the sheriff of his county, for the amount 
due each school which shall be paid in two equal installments, payable on the 
first day of December and the first day of April. 

Sec. 83. District and County Boards May Erect Dormitories for High 

Schools. In any district or county maintaining a high school, the board of 
education may erect, purchase, or lease a building to be used as a dormitory for 
the accommodation of pupils wishing to attend the high school and of persons 
employed to t&vch therein, and may furnish and equip the same from the high 
school funds of the district or county. Said board shall place a reputable and 
responsible person or persons in charge of such dormitory to conduct the same 
and furnish meals and lodging to pupils and teachers resident therein, and shall 
determine the rate that shall be charged pupils and teachers for such accommo- 
dations. The person or persons placed in charge of such dormitory shall be re- 
quired to give bond in the sum of one thousand dollars (|1, 000.00) for the proper 
care and use of the dormiton.^ and its equipment and supplies. 

Sec. 84. High School May Be Discontinued. Any district high school 
shall be discontinued at the end of any year upon the petition in writing of at 
least seventy-five per cent of the taxpayers of the district. 

Sec. 85. Junior High Schools. County boards of education and boards of 
education of school districts and independent school districts shall have the 
authority to organize intermediate schools, or junior high schools, in connection 
with any or all schools under their control. Such schools may be organized as a 
part of a six-three-three plan of school organization or of any other plan recom- 
mended by the state board of education. It shall be the duty of the state board 
of education to prescribe courses of study for such intermediate or junior high 
schools, to prescribe requirements for teachers employed in the same, and to 
establish any other regulations for such schools that may seem to the board 
advisable. 

TEACHERS 

Sec. 86. Contracts. Before entering upon their duties all teachers, prin- 
cipals, and assistants shall execute a contract with their boards of education, oi 
trustees as the case may be, which contract shall state the duration of time of 
such employment and the salary to be paid, and shall be in the form prescribed 
by the state superintendent of schools. Every such contract shall be signed by 
the teacher and by the president and the secretary of the board of education, 
and when so signed said contract shall be filed together with the certificate of the 



School Law of Wesi Vibqinia. 37 

teacher, by the secretary in the office of the board. A violation of such contract 
shall subject the teacher to the penalties prescribed in section fifty-eight* of this 
act. 

Sec. 87. Teacher's Authority. The teacher shall stand in the place of the 
parent or guardian in exercising authority over the school and shall have control 
of all the children enrolled in the school from the time they reach the school 
until they have returned to their respective homes, except that where transporta- 
tion of pupils by wagon, autobuss, or other conveyance is provided, the driver 
in charge of such conveyance shall exercise such authority and control over the 
children while they are in transit to and from the school. Subject to the rules of 
the state board of education, the teacher of the school, or the principal of a graded 
or high school, shall exclude from the school any pupil or pupils known to have, or 
suspected of having, any contagious or infectious disease, or any pupil or pupils 
who have been exposed to such disease, and shall immediately notify the proper 
health officer, or medical inspector, of such exclusion; and any pupil so excluded 
shall not be re-admitted to the school by the teacher or principal thereof until 
such pupil has complied with all the requirements of said rules governing such 
cases, or has presented a certificate of health signed by the medical inspector or 
other proper health officer. 

The teacher shall also have authority, under the rules and regulations of the 
state board of education, to suspend any pupil guilty of disorderly, refractory, 
indecent, or immoral conduct, and the district board of education may expel or 
exclude any such pupil if, on investigation, the conduct of such pupil is found to 
be detrimental to the progress and the general conduct of the school. 

Sec. 88. Teachers Exempt from Serving on Juries. No teacher, super- 
intendent, supervisor, principal, or other person actively engaged in school 
work in this State shall be required to serve on any jury during the period of his 
contract with a board of education. 

Sec. 89. Records and Reports. Every teacher, principal, supervisor, 
or other person employed by a district or independent district board of education 
shall keep such records and shall make such reports as may be required by the 
state superintendent of schools and such records shall be kept and such reports 
shall be made according to the forms and blanks prescribed and furnished by 
said state superintendent. Teachers shall also keep such other records and 
make such other reports as may be required by the board of education employing 
them. 

Sec. 90. Payment of Teachers. All teachers and other employees of a 
board of education, or trustees as the case may be, whose salaries are payable 
out of the' teachers' fund, shall be paid for their services monthly by orders 
drawn upon the sheriff or treasurer, duly signed by the president and secretary 
of the board and countersigned by the county financial secretary; provided, 
that if the secretary of the district board of education be a teacher, the order for 
his salary shall be signed by the president and one of the school commissioners of 
the board; and provided, further, that the board may withhold the monthly 
salary of any teacher or other employee until he has first made such report or 
reports as may be required by the state superintendent of schools, and no teacher 
shall receive his salary for the last month of the term of his contract with the . 
board of education until he has first presented to the secretary of the board in 
correct form all reports required by law. 

*Refers to section fifty-seven. 



38 School "Law of West Virginia 

Sec. 91. Enumeration. The teacher or teachers in each sub-district shall 
annually before the close of the school or schools therein, and not later than 
the first day of April, take and report an enumeration of all the youth residing 
in the sub-district who will be between the ages of six and twenty-one on the 
first day of July, following, distinguishing between males and females, and 
between white and colored. 

Sec. 92. How Enumeration Shall be Taken and Reported. The enumer- 
ation shall be taken and reported in separate classes, as follows: 

(1 ) All youth who on the first day of July following will not be less than six 
nor more than twenty years of age; 

(2) All youth who on said date will be not less than six nor more than sixteen 
years of age; and 

(3) All youth who on said date will not be less than seven nor more than 
fourteen years of age. 

(4) All youth over fourteen and under sixteen j-ears of age. 

The report of enumeration shall be verified by the affidavit of the person who 
made it to the efYect that he used all means in his power to make it; and that 
he believes it to be correct. He shall deliver such report to the secretary of the 
board of education with the term report of the school or not later than the first 
day of April, and, unless such enumeration be properly taken and reported by 
the teacher within the tune required herein, the secretary shall deduct from the 
last month's salary of such teacher such amount as may be necessary to defray 
the expenses of taking said enumeration as hereinafter provided for. 

Sec. 93. Secretary to Have Enumeration Taken. When the report 
of such enumeration for any sub-district is not received by the secretary of the 
board on or before the first day of April in any year, it shall be his duty forthwith 
to employ a competent person to take and report the same as aforesaid. The 
person taking and reporting such enumeration shall receive reasonable compen- 
sation for the time actually and necessarily spent in taking and reporting such 
enumeration, by an order of the board on the sheriff, the same to be paid out of the 
teachers' fund of the district. 

Sec. 94. Record and Report of Enumeration. The secretary' of the 
district board of education shall keep in his office a record of the enumeration of 
youth so taken, and shall annually, on or before the fifteenth day of April, transmit 
a summary of such enumeration to the county superintendent of schools, who 
not later than the first day of May shall forward to the state superintendent of 
schools a summary by districts and independent districts of the enumeration so 
taken and reported in his county. 

Sec. 95. Other Duties. Teachers shall exercise such other authority and 
perform such other duties as may be prescribed for them by law or by the rules 
of the state board of education. 

EXAMINATIONS AND CERTIFICATE 

Sec. 96. Certificates Required of all Teachers — Minimum Age. No 

person shall be employed to teach in the free schools of this State or receive for 
teaching any part of any free school fund who does not at the time he enters upon 
his duties hold a valid teacher's certificate, covering the period of his employ- 
ment; and under no circumstances shall a certificate to teach be granted to any 
person who is not of good moral character and physically and mentally qualified 



School hAw of West Vikqinia S9 

to perform the duties of a teacher and who shall not have attained the age of 
eighteen years on or before the first day of October of the year in which his 
certificate is issued. 

Sec. 97. Time and Place of Holding Examinations. The general regu- 
lation, direction and control of all matters relating to the examination of appli- 
cants for teachers' certificates, including the preparation of questions, the grading 
of manuscripts, the granting and issuing of certificates, and all other powers 
necessary for the proper examination of applicants for teachers' certificates shall 
hereafter be vested in the state superintendent of free schools, who shall designate 
the time for holding examinations simultaneously in all the counties of the State, 
at such places and in such buildings as the county superintendent shall designate, 
subject to the approval of the state superintendent. 

Sec. 98. Expenses. For the preparation and printing of questions, for 
the grading of manuscripts, for postage and express charges, for the additional 
clerical work necessary, the state superintendent of schools shall be allowed an- 
nually an amount to be recommended by him, which amount shall be set apart 
and appropriated by the Legislature from the general school fund for such purpose. 

Sec. 99. Assistants. The county superintendent shall conduct all examina- 
tions as directed by the state superintendent, and shall have authority to appoint 
one or more qualified persons to assist him when necessary to the proper conduct 
of the examination, who shall receive four dollars (|4.00) a day for not more 
than two days in helping conduct such examination, and shall be approved in 
advance of their appointment by the state superintendent. But nothing herein 
contained shall prevent the state superintendent from sending a competent 
person to supervise such examinations if he deem it expedient to do so. 

Sec. 100. Fees. Each applicant at the time of enrollment for any examina- 
tion, or for the renewal of a certificate shall pay to the county superintendent a 
fee of one dollar. Out of the aggregate of all fees collected by the county super- 
intendent he shall pay his assistants and other legitimate expenses of conducting 
such examination. Within ten days after each examination, the county super- 
intendent shall make and transmit to the auditor of the State a detailed and 
certified report of the number of applicants for certificates, the amount of fees 
collected by him, the amount paid out for expenses, and the balance remaining, 
which balance shall be transmitted with the report, to be placed by the auditor 
to the credit of the general school fund. At the same time, he shall transmit to 
the state superintendent of schools a duplicate of the report made to the auditor, 
together with receipts for all money paid for expenses. 

All applicants for certificates upon graduation or other credentials shall pay a 
fee of one dollar to the state superintendent of schools, who shall transmit the 
same to the auditor of the State to be credited to the general school fund. 

Sec. 101. Transmitting Questions and Manuscripts. The state super- 
intendent of schools shall provide for the preparation of questions for said examina- 
.tions and for their transmission in securely sealed packages, to the county super- 
intendent of each county. The county superintendent shall open the packages 
of questions in the presence of his assistants and the assembled applicants, and 
shall -conduct such examinations in the manner prescribed by the state super- 
intendent. At the conclusion of the examination, the county superintendent 
shall forward the manuscripts in securely sealed packages to the state super- 
intendent, together with such information, statements or affidavits as the state 



40 School Law of West Vikginia 

superintendent may require. No person who is known to be of immoral char- 
acter, or to be addicted to drunkenness, or who shall not have attained the age 
of eighteen years on or before the first day of October of the year in which said 
examination is held, shall be admitted to said examination. 

Sec. 102. Grading of Manuscripts. Within a reasonable time after the 
receipt of the aforesaid manuscripts, it shall be the duty of the state superin- 
tendent to have them examined and graded by competent persons who are 
actively engaged in school work, such persons to be appointed by him for this 
purpose, and to issue certificates based thereon; provided, that not more than 
one certificate of the same kind and grade shall be issued to an applicant in any 
school year; but the state superintendent shall forward to each applicant taking 
more than one examination in the same year, a statement of the grades made by 
him in each examination taken; and in making up his certificate the applicant 
shall be given the benefit of his highest grade in each subject. Such certificate 
when so issued shall be forwarded by the state superintendent to the proper county 
superintendent, who shall countersign it and deliver it to the person entitled 
thereto; provided, that the state superintendent of schools may refuse to issue 
a certificate to any applicant whom he believes to have been guilty of giving or 
receiving assistance in the preparation of any manuscripts or of any other act 
which would warrant or justify the revocation of such certificate. 

The state superintendent and each county superintendent shall keep a record 
of all certificates issued, showing the kind and grade of each certificate and the 
date of issue thereof; and the state superintendent and each county superin- 
tendent, upon vacating his office shall deliver said record to his successor. 

Sec. 103. Misdemeanor. If any person intentionally opens or attempts to 
open a package containing questions for an examination before the time fixed 
by the state superintendent of schools for the distribution of such questions, or 
has any of the questions in his possession without authority of law or in any way 
makes any change, alteration or erasure in any manuscript after it has been 
submitted to those in charge of the examination, or makes any fraudulent sub- 
stitution for any manuscript during or after the examination, or passes or at- 
tempts to pass any such examination under an assumed name, or intentionally 
and fraudulently gives or receives aid in passing an examination, he shall be 
guilty of a 'misdemeanor and upon conviction thereof shall be fined not less than 
twenty-five dollars ($25.00) and confined in jail not less than thirty days. If 
any county superintendent or examination assistant wilfully violates any of the 
official instructions issued by the state superintendent for the conduct of examina- 
tions, he shall be guilty of a misdemeanor and upon conviction thereof shall be 
fined not less than twenty-five dollars (.f 25.00) and may be confined in jail not 
less than ten nor more than thirty days, and such conviction shall vacate his 
office. 

Sec. 104. Elementary Certificates. Subject to all the conditions set forth 
in this section, first grade elementary certificates Valid for a period of five years 
shall be issued to all applicants who are otherwise qualified and who attain a 
general average of ninety per cent, with no subject below seventy-five per cent; 
second grade elementary certificates valid for a period of three years, shall be 
issued to applicants who are otherwise qualified and who attain a general average 
of eighty per cent, with no subject below sixty-eight per cent; and third grade 
elementary certificates valid for one year shall be issued to applicants who are 



School Law of West Virginia 41 

otherwise qualified and who attain a general average of seventy per cent, with 
no subject below sixty per cent; provided, that the third grade certificate 
shall not be issued more than twice to the same person. 

The subjects in which applicants for said certificates shall be examined, or 
otherwise qualified according to law, shall be reading, spelling, writing, English 
grammar and language, arithmetic, physiology and hygiene, United States and 
West Virginia history, general and West Virginia geography, civil government, 
theory and art of teaching, elementary agriculture, and such other subjects as 
the state board of education shall from time to time prescribe. 

It is provided, however, that on and after the first day of July, one thousand 
nine hundred and twenty-two, no person shall receive a first grade elementary 
certificate, who cannot satisfy, by certificate of credit or otherwise, the following 
conditions as to academic and professional attainments acquired by study in high 
schools and in normal schools, or in other schools of the same or higher grade, 
for the periods as indicated below; that is to say: 

(1) From the first day of July, one thousand nine hundred and twenty-two, 
to the thirtieth day of June, one thousand nine hundred and twenty-four, appli- 
cants for first grade certificates shall have had at least one year of high school 
work and in addition thereto nine weeks' study of professional subjects. 

(2) From the first day of July, one thousand nine hundred and twenty-four, 
to the thirtieth day of June, one thousand nine hundred and twenty-six, appli- 
cants for the first grade certificates shall have had at least two years of high 
school work and in addition thereto, eighteen weeks' study of professional subjects. 

(3) From the first day of July, one thousand nine hundred and twenty-four, 
to the thirtieth day of June, one thousand nine hundred and twenty-six, appli- 
cants for the first grade certificates shall have had at least three years of high 
school work and in addition thereto twenty-seven weeks' study of professional 
subjects. 

After the first day of July, one thousand nine hundred and twenty-six, the 
state board of education may at its discretion prescribe additional requirements 
for the granting of teachers' certificates. 

The state superintendent of schools shall have authority to issue normal 
school certificates valid for five years, to graduates in the diploma course of any 
state normal school, or other schools approved for the offering of this course, to 
graduates in the diploma course of the Bluefield colored institute and of the 
West Virginia collegiate institute and to persons who have completed a normal 
course of study in any school of another state, which in the judgment of the 
state board of education, is equivalent in all respects to the diploma course of 
study in the state normal schools of this State. 

Until the first day of July, one thousand nine hundred and twenty-two, first 
grade elementary certificates shall be valid in all the schools of the State, and 
thereafter they shall be valid in elementary schools and junior high schools. 
Second grade and third grade elementar^^ certificates shall be valid in all the 
grades of the elementary schools, provided, that no person shall be employed 
as principal of any school of two or more rooms in the same building who does not 
hold a first grade certificate or its equivalent. 

Sec. 105. High School Certificates. High school certificates valid for a 
period of five years shall be issued by the state superintendent of schools to 
applicants who have passed a satisfactory examination upon ten subjects to be 
designated by the state board of education. 



42 School Law of West ViEQunA 

The state superintendent of schools shall have authority to issue the high 
school certificate valid for five years, upon application in due form, to graduates 
of the West ^^irginia University, and to graduates of other approved colleges and 
universities, in this and other States; provided, that the collegiate courses of 
instruction completed by such graduates have included not less than twenty 
semester hours in professional subjects and, provided, further, that each high 
school certificate issued under the pro\dsions of this act shall show the subject 
or subjects the holder thereof is especially qualified to teach. 

High school certificates shall be valid in all high schools and elementary schools 
in the State; and after the first day of July, one thousand nine hundred and 
twenty-two, they shall be required in all classified high schools. 

Sec. 106. Supervisor's Certificates. Supervisor's certificates valid for 
a period of five years shall be issued by the state superintendent of schools to 
applicants who have taught not less than two years on a first grade certificate, 
or who have had other experience which the state board of education regards as 
equivalent to two years of teaching, and who have passed a satisfactory examina- 
tion upon such subjects as shall be designated by the state board of education. ^ 

The state superintendent of schools shall have authority to issue the super- 
visor's certificate valid for five years, up'^n application in due form, to graduates 
of the West Virginia University, or other ^ipproved universities or colleges and to 
graduates of the state normal schools or other institutions approved by the state 
board of education for the offering of the diploma normal course; provided, 
the course of instruction completed by such graduates shall have included not 
less than twenty semester hours in professional subjects, five semester hours 
of which shall have been in the subject of school supervision. Supervisors' 
certificates shall be valid in all the schools of the State. 

Sec. 107. Short Course Certificate. The state superintendent of schools 
shall have authority, upon application in due form, to issue without examination 
the short course certificates, valid for a period of three years, to persons who 
are other^ase qualified and who have completed the short course in any of the 
state normal schools or other schools approved by the state board of education 
for the offering of this course, the short course in the West Virginia collegiate 
institute and the Bluefield colored institute, the normal training course in high 
schools that have been approved by the state board of education. 

Such short course certificates shall be valid in the elementary and junior 
high schools in the State, and in the payment of salaries shall be considered as 
first grade certificates. 

Sec. 108. Special Certificates. The state superintendent of free schools 
shall have authority, upon the recommendation of the state board of education, 
to issue special certificates to librarians, kindergarten teachers, primary teachers, 
and special teachers and supervisors of music, drawing, physical training, home 
economics, manual training, agriculture, and other vocational subjects, and such 
other subjects as the needs of the schools may require. 

Special certificates may be issued upon examination or upon the satisfactory 
completion by the applicants therefor, of such courses of study as may be approved 
by the state board of education for the issuance of such certificates. 

Special certificates shall be valid throughout the State for the teaching or for 
the supervising of the special subjects to be designated on such certificates. 

Sec. 109. Emergency Certificates. Emergency certificates may be issued 



School Law of West Virginia 43 

by the state superintendent of schools in accordance with rules and regulations 
made therefor by the state board of education. Such certificates shall not be 
issued more than once to the same person, they shall be valid only in the county 
designated in the certificate, and they shall not be valid after the thirtieth day 
of June following the date of their issue. The grade of any such certificate shall 
be determined by the state superintendent of schools and the same shall be 
indicated on the face of the certificate. 

Sec. 110. Credit for Grades Made in School. Nothing hereinbefore con- 
tained shall prevent the state superintendent of schools from accepting in lieu 
of an examination in any subject or subjects required for the granting of any 
certificate herein provided for, a satisfactory grade or grades made by the appli- 
cant in such subject or subjects in an approved college, normal school, or first 
class high school; provided, that such grade or grades have been given by such 
college, normal school or first class high school upon the satisfactory completion 
of not less than one year's work or the equivalent thereof, in each subject in which 
such substitution of grade is sought. ^^ 

All certificates issued for a period of five years or longer, shall be considered 
first grade certificates as to renewal and payment of salaries. 

Sec. 111. Renewal of Certificates. All first grade certificates, normal 
school certificates, high school certificates, supen.'isors' certificates and special 
certificates, issued after July first, one thousand nine hundred and twenty-two, 
shall upon their expiration or within the year immediately following, be renewable 
for five year periods; provided, that the holders thereof shall have been actively 
engaged in educational work for not less than three years of each five year period, 
and shall pass an examination on two reading circle books for the first renewal, 
and be recommended for such renewal by the county superintendent of schools 
of the county where the certificate was issued, or where the teacher holding 
such certificate has taught, without additional requirements whatever. 

At the termination of the first renewal period of all first grade certificates 
issued after one thousand nine hundred and twenty-two, the holder thereof shall 
be granted a renewal for the period of five years upon the condition that he has 
taught three years of the five year period or been actively engaged in school work, 
and is recommended for renewal by the county superintendent of the county where 
he resides or has been teaching. 

At the end of the second renewal period, the holder of any certificate of the 
first grade, issued after one thousand nine hundred and twenty-two, shall receive 
a similar certificate valid for life, if he has taught or been otherwise actively 
engaged in school work within the life of the certificate, for a period equal to the 
period of service required for second renewal, and no other requirements shall 
be imposed upon him. Provided, however, that the holders of certificates of 
the first grade which have been issued, or which shall be issued prior to July 
first, one thousand nine hundred and twenty-two, shall be renewable as follows: 

First renewal on condition that the holder has taught or been actively engaged 
in school work for three years during the preceding five year period and is recom- 
mended for such renewal by the county superintendent where he resides or has 
been teaching. At the end of the first renewal period it shall be renewed on 
recommendation of county superintendent and passing an examination on two 
books of the reading circle course. 

At the end of the second renewal period the holder of any certificate of the 



44 School Law of West Virginia 



rank of first grade shall be issued a similar certificate valid for life, if he has taught 
or been otherwise actively engaged in school work for three years during the life 
of the certificate, and is recommended for such renewal by the county superin- 
tendent of his county. No other conditions of any kind shall be required of the 
applicant for said renewals. (See additional provisions, p. 77.) 

Sec. 112. Revocation of Certificates. The state superintendent may, 
after ten days' notice and upon proper evidence, revoke the certificate of any 
teacher for drunkenness, untruthfulness, immorality, or for any physical, mental 
or moral defect which would render him unfit for the proper performance of his 
duties as a teacher, or for any neglect of duty or refusal to perform the same or 
for any other cause which would have justified the withholding of a certificate 
when the samie was issued. 

Any county superintendent who knows of any immorality or neglect of duty 
on the part of any teacher shall report the same, together with all the facts and 
evidence, to the state superintendent for such action as in his judgment may be 
proper. 

TEACHERS' INSTITUTES— COUPONS OF CREDIT 

Sec. 113. Time and Place of Holding Teachers' Institutes. As a means 
of improving the teachers and fitting them for more effective service in the schools 
of the State, teachers' county institutes shall be held annually throughout the 
State, one or more in each county, at such times and at such places as the state 
superintendent, with the advice of the county superintendent, shall direct, and 
such institutes shall continue each for one week of five days. It is provided, 
however, that the state superintendent may vary the nature of the instruction 
in such institutes, and may arrange the time and duration of the same in such way 
as to promote the best interests of the schools. 

Sec. 114. Attendance Upon Institutes. Ever^' person employed as a 
teacher in the schools of this State shall be required to attend a county teachers' 
institute, or such other teachers' meeting as the state superintendent of schools 
shall prescribe for his group of teachers or kind of work, for at least five days in 
each year, or for the number of days more or less than five as may be prescribed 
by the said superintendent. 

The county superintendent of schools may excuse, if requested, from attending 
the teachers' institute any teacher who has been in attendance for at least six 
weeks after January first of the year in which such excuse is sought, at a standard 
college, university, or state normal school, or other approved school, and who 
presents to said county superintendent a statement signed by the principal or 
president of the school showing what branches have been pursued and that the 
required work has been satisfactorily completed. The state superintendent of 
schools shall determine what schools shall be recognized and the nature and 
amount of the work which shall be accepted by said county superintendent in 
carrj'ing out the provisions of this section. FoV such institute attendance the 
teacher shall be paid two dollars and fifty cents ($2.50) a day for not to exceed 
five days in any one year, such compensation to be paid out of the teachers' fund 
of the district at the end of his term of school. Teachers whose schools have 
been discontinued for any legal cause shall receive such portion of the total per 
diem as the number of months actually taught bears to the number of months 
in the school term provided for the district. 



School Law of West Virqinia 45 

It shall be the duty of the county superintendent to see that teachers who 
do not attend institute or who have not been legally excused are not allowed to 
teach in his county during any year in which such failure occurs. 

Sec. 115. Filing of Certificate. It shall be the duty of each teacher to 
file with the secretary of the board of education of the district in which he is 
employed, before the opening of his school, a certificate of institute attendance 
or an excuse therefrom signed by the county superintendent of schools. 

If the county institute is held after the opening of his school, the teacher shall 
file his certificate of attendance within ten days after the close of the institute. 

Sec. 116. Instructors. The institute shall be conducted by experienced 
and skillful instructors appointed by the state superintendent of free schools, 
but it shall be a part of the duty of the county superintendent under the instruc- 
tions of the state superintendent, to make all arrangements for the institutes and 
to assist in conducting them. 

Sec. 117. Pay of Instructors. The instructors appointed by the state 
superintent^ent shall be paid for their ser\dces and expenses out of the general 
school fund on the order of the state superintendent; provided, that the amount 
expended for teachers' institutes in the State for any year shall not exceed the 
amount appropriated by the Legislature for that purpose. 

Sec. 118. Enrollment Fee. Every teacher enrolled in a county teachers' 
institute, or other teachers' meeting conducted in lieu thereof, shall pay an 
institute fee of one dollar and twenty-five cents ($1.25), two-fifths of w^hich may 
be used by the county superintendent of schools for incidental expenses and for 
the betterment of the institute, and the other three-fifths of said fee, together 
with any remainder of said two-fifths allowed for incidental expenses, shall be 
remitted by the county superintendent of schools to the auditor of the State to 
be paid into the state treasury to the credit of the general school fund. An account 
of said expenses shall be submitted to the institute during its session for approval 
or disapproval. If any county superintendent of schools shall fail within a 
reasonable time to remit said portion of the institute fees in his county to the 
auditor, it shall then be the duty of the auditor to withhold payment of the salary 
of such county superintendent until such remittance has been received. 

Sec. 119. Report to be Made. The county superintendent of schools 
shall, within five days after the close of the institute, forward to the state super- 
intendent of schools a certified list of all persons enrolled at the county institute, 
giving the exact time each teacher was in attendance. Said county superintendent 
shall also forward to the state superintendent a certified statement of the receipts 
and expenditures as approved by the institute as provided in section one hundred 
twenty-one of this act, together with the receipts for all money expended. 

Sec. 120. District Institutes. As a further means of improvement among 
the teachers, the county superintendent, or the district supervisor, with the 
consent of the county superintendent, shall arrange for and conduct district or 
joint district institutes, one or more for each district of the county within the 
school year. The county superintendent may also approve the attendance of 
the teachers employed in his county at a teachers' round table. Attendance upon 
district institutes or teachers' round tables as herein provided may be substituted 
for an equal amount of teaching at the discretion of the county superintendent, 
who shall report to the secretary of the board of education the attendance ap- 
proved by him. 

Sec. 121. Reading Circles — Coupons of Credit. Teachers shall be en- 



46 School I^w of West Vibgiioa. 

couraged to form reading circles for the purpose of pursuing courses of study in 
professional subjects, and it shall be the duty of the state superintendent to 
prescribe a course of study in the said subjects, to provide for examining those 
who complete the said course and to issue certificates of merit to such persons 
as pass satisfactory examinations thereon. 

The state superintendent of schools may also outline additional professional 
work and projects for teachers and issue coupons of credit, good only for the 
school year in which they are issued, to such teachers as complete such professional 
work or project satisfactorily. Such coupons when signed by the state super- 
intendent and by the county superintendent shall entitle the holder thereof to 
one dollar a month additional salary for each coupon so held, payable by the 
district or independent district board of education at the expiration of the school 
term out of the teeachers' fund of such district. 

COMPULSORY ATTENDANCE 

Sec. 122. Age — ^Time — Misdemeanor. Ever\' person who has legal or 
actual charge of a child or children not less than seven nor more than fourteen 
years of age shall cause such child or children each year to attend a free day 
school for the full school term of the district or independent district in which 
such person resides; provided, however, that such person shall be exempt 
from the foregoing requirement for any of the following causes: 

(a) Instruction for a time equal to that required by this act in a private, 
parochial or other school approved by the district board of education. The 
I^rincipal or other person in control of such private, parochial or other approved 
school shall upon the request of the district board of education, furnish to said 
board such information as it may require with regard to the attendance and 
instruction of pupils between the ages of seven and fourteen years enrolled therein. 

(b) Instruction for a time equal to that required by this act in the home of 
such child or children or elsewhere by a person or persons who are, in the judg- 
ment of the district board of education, qualified to give instruction in the sub- 
jects required to be taught in the free elementary schools of this State. The 
person or persons giving such instruction shall, upon the request of the district 
board of education, furnish to said board such information as it may require 
with regard to the attendance and instruction of pupils between the ages of 
seven and fourteen years receiving such instruction. 

(c) Physical or mental incapacity for school" attendance and the performance 
of school work. 

(d) Death or serious illness in the immediate family of the pupil. 

(e) Extreme destitution of parents or other person or persons in legal or 
actual charge of a child or children. Exemption for this cause shall not be al- 
lowed when such destitution is relieved through public or private means. 

(f) Conditions rendering school attendance impossible or rendering it hazard- 
ous to the pupil's life, health or safety. 

(g) Residence of the pupil at a distance of more than two miles from the 
nearest school by the shortest practicable road or path, unless free transporta- 
tion to and from school is provided for such pupil. 

(h) Observance of regular church ordinances. 



School Law of "West Virginia 47 

(i) Other causes that are accepted as vahd by the county superintendent or 
by the district supervisor of schools or by the superintendent of schools of an 
independent district. 

Any person who, after due notice has been served upon him as hereinafter 
provided, shall fail to cause a child or children in his legal or actual charge to 
attend school as hereinbefore provided, shall be guilty of a misdemeanor and 
shall upon conviction thereof before any justice of the peace be fined not less 
than three dollars nor more than twenty dollars, together with the costs of 
prosecution, or confined in jail not less than five days nor more than twenty days. 
Each day a child is out of school contrary to the provisions of this act shall 
constitute a separate offense. 

Whenever a person accused of violating the provisions of this act has been 
tried and acquitted, the costs of prosecution shall be paid by the district board 
of education out of the building fund of the district. 

Sec. 123. Attendance Officer — Duties. The board of education of every 
district or independent district shall, at its first meeting or as soon thereafter 
as practicable, appoint one or more attendance officers, who shall qualify as 
such an,d shall enforce the provisions of this act in the districts or independent 
districts in which they have been appointed to serve; provided, however, 
that any school trustee may be appointed to serve as truant officer in his sub- 
district. Each officer so appointed shall use due diligence to ascertain any 
violations of this law, and when from personal knowledge or by report or com- 
plaint from any resident or teacher of the district under his supervision, he believes 
that any child subject to the provisions hereof has been absent from school con- 
trary to the provisions of this act, he shall immediately give written notice to 
the parent, guardian, or custodian of such child that the attendance of said 
child at school is required, and if the parent, guardian or custodian of such child 
does not comply with the provisions of this act at once, Ihen such attendance 
officer shall make complaint against such parent, guardian or custodian before 
a justice of the peace of the county; and provided, that for subsequent offenses 
in any school year no such notice shall be required. When any doubt exists as 
to the age of a child absent from school, the attendance officer shall have authority 
to require a properly attested birth certificate or an affidavit from the parent, 
guardian, or custodian of such child, stating the age of such child. The attend- 
ance officer shall, in the performance of his duties as such officer, have authority 
to visit and enter any office, factory, or business house employing children; 
he shall also have the authority to arrest without warrant any child absent from 
school in violation of the provisions of this act and to place such child in the 
school in which such child is or should be enrolled. Said attendance officer 
shall be paid monthly at such rate per diem for the time actually spent in the 
performance of his duties as the board shall determine; but in no case shall 
payment for any month's services be made until the attendance officer has 
filed with the secretary of the district board of education the statement required 
by said board of education, together with a sworn statement of the number of 
truancy cases investigated and the time actually spent in performing such duties. 
When the^fettendance officer has faithfully performed his duties and filed the 
statement required, the district board of education, if satisfied that the same 
is just and correct, shall issue to him an order on the sheriff for the amount of 
his account, payable out of the building fund of the district. 



48 School Law of West Vieginia 



Sec. 124. Secretary to Furnish Enumeration List. It shall be the duty 
of the secretary of the district board of education at the beginning of the school 
term to furnish to the teacher of each one-room school in the district a copy of 
the last school enimieration for the sub-district, together \Aith the name and ad- 
dress of the attendance ofTicer of the district. Such teacher shall at the opening 
of school and at such times as the district board of education may require, com- 
pare said enumeration list with the enrollment of the school and report to the 
attendance officer the names and residences of parents, guardians or custodians 
of children between the ages of seven and fourteen who are or have been absent 
from school without a legal excuse; also, the names and residences of parents, 
guardians, or custodians of children of compulsory school age not included in 
such enumeration list who are, or have been absent from school without legal 
excuse. The secretary of the district board of education shall furnish said enumer- 
ation list, together with the name and address of the attendance officer, to the 
superintendents, district supervisors or principsls of all town and city schools 
and to the principals of all district schools of two or more rooms, and said super- 
intendents, district supervisors, and principals shall make reports to the at- 
tendance officer concerning all cases of truancy as hereinbefore required of teach- 
ers of one-room schools. 

Sec. 125. Fine for Neglect of Duty. Any school officer, attendance officer, 
district supervisor, superintendent, principal, teacher or other person upon whom 
a duty is imposed by this act w^ho neglects or refuses to perform any duty or 
duties so imposed upon him shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a fine of not less than three dollars ($3.00) 
nor more than twenty dollars (S20.00) and may be imprisoned not to exceed 
twenty-five days. 

Sec. 126. Aiding or Abetting Violations of Compulsory Attendance. 
Any person wiio induces or attempts to induce any child unlawfully to absent 
himself from school or who harbors or employs any child of compulsory school 
age while the school wiiich he is required to attend is in session, or employs 
such child within the term of said school without the wTitten permission of the. 
county, district or city superintendent of schools shall be guilty of a misdemeanor, 
and upon con\iction thereof shall be punished by a fine of not less than twenty- 
five dollars (S25.00) nor more than fifty dollars ($50.00), or may be confined in 
jail not less than five days nor more than thirty days. 

Sec. 127. Fines Collected. All fines collected under the provisions of 
this act shall be paid over at once by the justice to the sheriff, and by him credited 
to the building fund of the proper district; and every attendance officer shall 
make to the secretary of the district board of education and to the sheriff an 
itemized statement on the last day of each month of all fines imposed as pro- 
vided herein. 

Sec. 128. Unemployed Children over Fpurteen and Under Sixteen 
Shall Attend School. Every child over fourteen and under sixteen years of 
age who is not engaged in some regular employment or business for at least six 
hours per day or wiio has not received written permission from the superintendent 
of schools of the city or county in w-hich he resides, to engage in profitable em- 
plo>Tnent at home, shall attend a public day school or other day school approved 
by the board of education of his school district or independent school district 
during the entire time the public schools are in session, subject to such exemptions 



School Law of West Virginia 49 

as are provided for in section one hundred twenty-five* of this act, except that 
no child over fourteen and under sixteen years of age shall be exempt from school 
attendance as herein required for the reason that he has completed an eight- 
years' course of study in the elementary and grammar schools or junior high 
schools of the State, if a high school or other school of advanced grades is pro- 
' vided within two miles of his home. 

Sec. 129. Children Over Fourteen and Under Sixteen Who Are Em- 
ployed Shall Attend Evening or Part-Time Day Schools. Every child 
over fourteen and under sixteen years of age who is engaged in regular employ- 
ment or business for six or more hours during the day shall attend an evening 
school, part-time day school or other continuation school for at least five hours 
per week for a period of twenty weeks, or for such period as such school is in 
session, if it is in session less than twenty weeks; provided, there is an evening 
school, part-time day school or other continuation school approved by the board 
of education of the district in which such child resides, within two miles of such 
child's home or temporary place of residence. Individuals, firms and corporations 
employing children over fourteen and under sixteen years of age shall, if necessary; 
to enaJDle such children to attend an evening school, part-time day school or 
other continuation school as herein required, release such children from work 
for at least five hours per week for a period of not less than twenty weeks each 
year. Ml children over fourteen and under sixteen years of age shall be included 
as a separate class in the enumeration list required in section ninety-five of this 
act. The requirements of this section shall be enforced by the persons and in 
the manner prescribed for the enforcement of the requirements of sections one 
hundred twenty-five to one hundred thirty-one, j inclusive, of this act. 

Sec. 130. Compulsory Education of the Deaf and the Blind. Every 
parent, guardian or other person having control of any mentally normal minor 
over eight years of age who is defective in sight or hearing to the extent that he 
can not be benefited by instruction in the public schools, shall be required to 
send such minor to the West Virginia Schools for the Deaf and the Blind at 
Romney. Such minor shall continue to attend said schools for a term of at least 
thirty-six weeks each year until he has completed the course of instruction pre- 
scribed for said schools by the state board of education, or until he has been 
discharged by the superintendent of said schools. It is provided, however, that 
minors of the Negro race who come under the requirements of this section shall 
be placed in a separate school or schools located at such place or places as may be 
determined by the state board of control. 

Any such deaf or blind minor shall be exempt from attendance at said schools 
for any of the following reasons: 

1. Instruction by a private tutor or in another school approved by the state 
board of education, for a time equal to that required by the first paragraph of 
this section. 

2. Physical incapacity for school work. 

3. Any other reason deemed good and sufficient by the superintendent of said 
schools, with the approval of the state board of education. 

Any parent, guardian or other person in charge of such minor or minors who 
fails or refuses to comply with the requirements of this section shall be guilty 

*Refers to section one hundred twenty-two. 

tRefers to sections one hundred twenty-three to one hundred twenty-seven. 



50 School Law of West Virginia 

of a misdemeanor, and upon comdction thereof shall' be fined not less than ten 
dollars ($10.00) nor more than thirty dollars ($30.00) for each offense. 

Failure for the period of one week within the school year to send such minor 
to school shall constitute an offense; provided, that the time necessary for 
such minor to travel from his home to Romney shall not be counted as time 
absent from school. 

Any person who induces or attempts to induce such bUnd or deaf minor to 
absent himself from school or who employs or harbors such minor unlawfully, 
while said schools are in session shall be guilty of a misdemeanor and upon con- 
viction thereof shall be fined not less than twenty dollars ($20.00) nor more than 
fifty dollars ($50.00) for each offense. 

It shall be the duty of school attendance officers, prosecuting attorneys and 
any special attendance officers appointed bj' the said schools for the deaf and the 
blind to enforce the provisions of this section. 

It shall be the duty of the public school teachers of each county to furnish 
to the county superintendent of schools of their county the names of deaf or 
blind persons in their sub-districts between the ages of six and twenty-five years 
together with information as to the age, sex and race of each such deaf or blind 
person. The county superintendent of schools shall certify the names of all 
such persons with the names and addresses of their parents or guardians to the 
superintendent of the schools for the deaf and the blind at RomneS'. 

It shall be the duty of the state superintendent of schools to provide suitable 
blanks for the enumeration of such deaf and blind persons to each county super- 
intendent for distribution among teachers and others responsible for taking the 
school enumeration. The enumeration of such deaf and blind persons shall be 
taken at the time the regular school enumeration is taken and shall be reported 
to the superintendent of the schools for the deaf and the blind at the time that the 
regular school enumeration is reported to the state superintendent of schools. 

VOCATIONAL EDUCATION 

Sec. 131. Acceptance of Federal Act. The provisions of an act of congress 
entitled "an act to provide for the promotion of vocational education; to pro- 
vide for co-operation with the states in the promotion of such education in agri- 
culture and the trades and industries; to provide for co-operation with the states 
in the preparation of teachers of vocational subjects; and to appropriate money 
and regulate its expenditures," are hereby accepted by the State of West Vir- 
ginia as to: 

(a) Appropriations for the salaries of teachers, supervisors or directors of 
agricultural subjects. 

(b) Appropriations for salaries of teachers of vocational and industiial 
subjects. 

(c) Appropriations for the training of teachers of vocational subjects. 

Sec. 132. Custodian of Funds. The state treasurer is hereby designated 
as the custodian of funds to be paid into the treasury of this State for vocational 
education and shall receive money paid to the state from the United States 
Treasury under the provisions of said act of congress and shall pay the same upon 
the warrant of the auditor of state when the same is certified by the state board 
of control. 



School Law of "West Virginia 51 

Sec. 133. State Board. The state board of education is hereby designated 
as the state board to carry out the provisions of said act so far as the same relates 
to the co-operation of the states and federal government and shall have full 
power to do all things necessary in the formulation on execution of plans for the 
promotion of education in agriculture, in trades and industries and to formulate 
and execute plans for the preparation of teachers of vocational subjects. 

STATE EDUCATIONAL INSTITUTIONS 

Sec. 134. West Virginia University, Name, Location, Control. The 

West Virginia University, created and established by chapter one hundred 
twenty-three, sections seventy-six and seventy-seven, of the acts of the Legis- 
lature of one thousand eight hundred seventy-two and one thousand eight hun- 
dred seventy-three, shall hereafter remain where now located and shall con- 
tinue to be known as the West Virginia University. On and after the first day 
of July, one thousand nine hundred nineteen, said university shall be under 
the control "and management of the state board of education as provided in sec- 
tion seven of this act, and the state board of control as provided in section four 
of chapter fifteen-m of Barnes' code of nineteen hundred and sixteen. 

Sec. 135. Powers and Duties of the President. The president of the 
university shall be president of the general faculty and of the faculties of the 
several colleges and departments thereof, and the executive head of the university 
in all its departments. Subject to the authority herein vested in the state board 
of education, he shall give general direction to the administrative affairs and to the 
scientific investigations of the university and of its several departments. And 
subject to the orders of the board, he shall have authority, in the recess of the 
board, to remove any employee or subordinate officer, who is not a member of 
the faculty, and supply for the time any vacancy that may occur by such removal 
or otherwise. 

Sec. 136. The President Shall Make Biennial Reports. On or before the 
end of each biennial period the president of the university shall make a report 
to the state board of education and the state board of control showing in detail 
the progress and condition of the university during such biennium, and such 
other detailed information about the affairs and the control of the university 
as the said boards may request or as he may deem wise to communicate. 

Sec. 137. Colleges, Schools, Departments. In consultation with the 
president of the university, the state board- of education shall have authority 
to establish and to maintain in the university such colleges, schools, depart- 
ments and divisions as from time to time may be expedient, and shall provide for 
the organization and management of the same. 

Sec. 138. Admission and Graduation of Students. The rules and 
regulations made by the president and faculties of the university governing the 
admission of students to the university, the standards of scholarship to be main- 
tained, the conferring of degrees and the granting of diplomas, certificates and 
other evidences of work done by students of the university, shall be submitted 
to the state board of education for its approval. The rules and regulations made 
by said president and faculties for the general government of the university shall 
in like manner be submitted to said board for its approval. 

Sec. 139. Agricultural Extension Division. In order to promote the 



52 School Law of West Virginia 

improvement and advancement of agriculture, domestic science, and rural 
life among the people of the several counties of the State of West Virginia, there 
is hereby created and established in the college of agriculture, at West Virginia 
University, an agricultural extension division to be co-ordinate with the resident 
instruction division and the agricultural experiment station. The work of the 
agricultural extension division of the College of Agriculture shall be conducted 
under such rules, regulations and methods as may be' approved by the state 
board of education, but every expenditure under this section shall be approved 
by the state board of control. Said extension work shall consist of holding exten- 
sion schools in the various counties of the State, at which instruction shall be 
given in soil fertility, horticulture, stock raising, crop production, dairying and 
other branches of agriculture, domestic science and kindred subjects; of con- 
ducting farmers' institutes; of furnishing speakers and exhibits for special agri- 
cultural trains; of giving instruction and demonstrations at agricultural fairs, 
farmers' institutes, clubs, granges, or other organizations that may be useful 
in extending agricultural knowledge; of conducting, in co-operation with school 
ofTicials and the United States Department of Agriculture, boys' and girls' 
agricultural clubs; of appointing county agricultural and home demonstration 
agents and supervising and assisting them in advancing the agricultural and 
home interests of their respective counties or districts by encouraging demon- 
strations in orcharding, soil improvement, crop production, stock raising and 
other phases of agriculture, home economics and kindred subjects, as provided 
for in section twenty-eight, chapter thirty-nine of the code of West Virginia; 
of giving instruction by mail in agriculture, domestic science and kindred sub- 
jects; of publishing bulletins, circulars and newspaper articles; and of such 
other methods as may carry the benefits of the work of the college of agriculture, 
the agricultural experiment station and the United States Department of Agri- 
culture to the people of the several counties of the State, as provided for in the 
Federal Smith-Lever Act of May eighth, one thousand nine hundred fourteen, 
and accepted by the State of West Virginia in Senate Joint Resolution number 
four, adopted February one, one thousand nine hundred fifteen; and all such 
itinerant educational work in agriculture and home economics carried on under 
appropriation by or to this State, shall be under the control and supervision of 
said agricultural extension department. 

Sec. 140. Military Training. Male students of suitable age in the uni- 
versity shall be required, under such regulations as the state board of education 
shall prescribe, to enroll in the department of military science. Said students 
shall serve for the time required by said regulations and shall be entitled to such 
special privileges and immunities as the state board of education may determine. 
The state board of education shall have authority to accept appropriations, 
material and other benefits from the Federal Government on account of any 
federal law providing for aid to the West Virginia University for giving instruction 
in military science and to co-operate as far as practicable with the Federal Govern- 
ment for such purpose. 

Sec. 141. Extension in General. The state board of education is hereby 
authorized and empowered to organize and conduct, through the organization 
of the different colleges, schools, or departments of the university, extension 
work in the form of schools, classes, lectures and other forms of instruction, 
throughout the State, in order that the benefits of the university may reach all 
parts of the State. 



School Law of West Virginia 53 

Sec. 142. Endowment for Agricultural College. The funds derived 
from the sale of United States land warrants which have been donated to this 
State for the purpose of endowing an agricultural college shall be invested by 
the board of the school fund in a loan of public stock of the United States or 
otherwise, as required by Congress, for the use and benefit of the university, and 
as set forth in the acts of the Legislature of one thousand eight hundred seventy- 
two and seventy-three, one thousand eight hundred eighty-one, one thousand 
nine hundred eight, and one thousand nine hundred nine. 

Sec. 143 Federal Appropriations. For the uses and purposes of the West 
Virginia University there is hereby set apart such sum or sums of money as 
shall accrue from the annual appropriation made by the Act of Congress, ap- 
proved August thirtieth, one thousand eight hundred ninety, known as the 
"Morrill Fund" and all other sums of money that may at any time be appro- 
priated by Act of Congress for the benefit of the West Virginia University, and 
the treasurer of this State is hereby designated as the proper officer to receive 
from the Secretary of the Treasury of the United States the said sum or sums of 
money to be paid into the treasury of this State under said act or acts of congress 
and the state board of control shall have general supervision and control of said 
sum or sums of money as is now provided by the act creating the said state board 
of control. 

Sec. 144. Agricultural Experiment Station. The State of West Virginia 
hereby assents to the Act of Congress approved July second, one thousand 
eight hundred sixty- two, entitled "An act donating public lands to the several 
states and territories which may provide colleges for the benefit of agricultural 
and mechanic arts" and to all other acts passed since that one re-enacting or 
amending it and accepts from the government of the United States the grants 
of money authorized by said Act of Congress, and assents to the purpose of said 
grants. In the Act of West Virginia Legislature passed March second, one 
thousand eight hundred eighty-seven, establishing a department in the West 
Virginia University, known as the "West Virginia Agricultural Experiment 
Station" is hereby re-enacted for the pu*poses enumerated and the state board 
of control and the state board of education are authorized and empowered as is 
now provided by law to carry out the provisions of these several acts. 

Sec. 145. Anatomical Board; Use of Dead Bodies. Chapter thirty-two 
of the Acts of the Legislature of one thousand nine hundred one, providing for 
the dispostion of dead human bodies by persons in charge of any almshouse, 
prison, morgue, hospital, asylum or other place included in said act shall remain 
in full force. 

Sec. 146. Financial Support. The Legislature shall make the necessary 
appropriations for the financial support of the West Virginia University. 

Sec. 147. State Normal School. The provisions of all acts of the Legis- 
lature relating to the West Virginia State Normal School and its branches shall 
bfe and remain in full force except so far as the same may be altered by this act. 

The "West Virginia State Normal School" established under and by virtue 
of an act passed February twenty-seventh, one thousand eight hundred sixty- 
seven, entitled "An act for the establishment of a state normal school," shall be 
and remain at Huntington in the County of Cabell, as provided in said act. 
The branch of the state normal school established at Fairmont, under and in 
pursuance of the act passed March fourth, one thousand eight hundred and 



54 School Law of West Virginia 

sixty-eight, entitled "An act providing for the purchase of the West Virginia 
normal school at Fairmont," the branch of the West Virginia state normal school 
established at West Liberty, under and in pursuance of the act passed March 
first, one thousand eight hundred and seventy, entitled "An act to establish a 
branch normal school at West Liberty, in Ohio County;" the branch of the state 
normal school established at Glenville, under and in pursuance of the act passed 
the nineteenth day of Februar\% one thousand eight hundred and seventy-two 
entitled, "An act to establish a branch normal school at Glemdlle, Gilmer Count\-;" 
the branch of the state normal school established at Shepherdsto\\Ti, under and 
in pursuance of the act passed and approved February fourteenth, one thousand 
eight hundred and seventy-two, entitled "An act to estal)lish a branch normal 
school at Shepherdstown, in the county of Jefferson;" and the branch of the state 
normal school at Athens, in Mercer County, established by the act passed the 
twenty-eighth day of Februar\^ one thousand eight hundred and seventy-two 
entitled, "An act to locate a branch state normal school at Concord, in the 
county of Mercer," shall each be and remain at the place where said institution 
is now located. The state normal school and its branches named in this section, 
shall be under the control and management of the state board of eduation, as 
provided by section seven of this act, and of the state board of control, as pro\dded 
in section four of chapter fifteen-m of Barnes' code of one thousand nine hundred 
and sixteen. On and after the first day of July, one thousand nine hundred and 
nineteen, said normal school and its branches shall each be knowTi as a state 
normal school, and none shall be known as a branch of the one first established, 
and shall be designated respectively as "Marshall College," "Fairmont State 
Normal School," "West Liberty State Normal School," "Glenville State Normal 
School," "Shepherd College State Normal School," and "Concord State Normal 
School." The function of said normal schools shall be the preparation of teachers 
through such courses of study as the faculties may prescribe with the approval 
of the state board of education. The rules and regulations made by the president 
or other head and the teachers of each of said normal schools for the general 
government of such school and for the admission of students thereto, the standards 
of scholarship to be maintained therein, and the graduation of students there- 
from, shall be submitted to the state board of education for its approval. The 
president and the teachers of each of said normal schools shall be men and women 
of broad and liberal education, as evidenced by the possession of a bachelor's 
degree from a standard college or university, or the equivalent thereof, as a 
minimum requirement. The Legislature shall make the necessar\" appropriations 
for the financial support of each of the said normal schools. 

Sec. 148. Preparatory Branch of The State University. The preparatory' 
branch of the state university heretofore established at Keyser, in Mineral 
County, shall remain where now located and on and after the first day of July, 
one thousand nine hundred and twenty-one, shall be known as the "West Vir- 
ginia Vocational School," which shall be under the control and management 
of the state board of education, as provided by section seven of this act, and 
of the state JDoard of control, as provided by section four of chapter fifteen-777 
of Barnes' code of one thousand nine hundred and sixteen. The rules and regu- 
lations made by the principal and teachers of this institution for its general 
government shall be submitted to the state board of education for its approval. 
Said vocational school shall offer instruction in agriculture, home ecor.cmics. 



School Law of West Vikginia 55 

industrial subjects and such other subjects as the state board of education may 
direct. The Legislature shall make the necesssary appropriations for the finan- 
cial support of said institution. 

Chapter seventy of the acts of the Legislature of one thousand nine hundred 
and seventeen, regular session, is hereby repealed. 

Sec. 149. The West Virginia Trades SchooL The West Virginia Trades 
School heretofore established at Montgomery shall remain where now located 
and shall be under the control and management of the state board of education 
as provided by section seven of this act, and of the state board of control as 
provided in section four of chapter fifteen-zn of Barnes' code of one thousand 
nine hundred and sixteen. The rules and regulations made by the principal and 
the teachers of said trades school for its general government shall be submitted 
to the state board of education for its approval. In addition to academic courses 
of secondary grade, the state board of education shall have authority to provide 
for the teaching of other courses of secondary grade consistent with the name 
of said school and shall do whatever may be necessary to comply with the act 
of congress passed the ninth day of January, one thousand nine hundred and 
seventeen, granting federal aid to schools in the several states offering instruc- 
tion in trades and vocations. All students of this State shall receive instruction 
in any of the vocational courses maintained in said school free of tuition. Said 
trades school shall be supported in the manner provided for the support of other 
state educational institutions. 

Sec. 150. The West Virginia Collegiate Institute. The institution for 
the instruction of colored students located at Institute in the county of Kanawha 
and designated by an act of the Legislature of one thousand eight hundred and 
ninety-one, regular session, chapter sixty-five, as "The W^est Virginia Collegiate 
Institute," shall remain where now located, and shall have and hold all the prop- 
erty, funds, rights, powers and privileges granted to said institution in said 
chapter sixty-five of tTie acts of the Legislature of one thousand eight hundred 
and ninety-one, and all subsequent acts relating thereto. 

Said institute shall be under the control and management of the state board 
of education and the state board of control, as provided herein for other state 
educational institutions. 

The state board of education shall establish and maintain in the West Virginia 
Collegiate Institute, in addition to the departments already established, such 
college courses of study as may be expedient and possible and shall prescribe the 
conditions for graduation therein and make rules for the conferring of degrees 
and for issuing the proper diplomas to those who complete such courses, as in the 
case of other state educational institutions. 

The W^est Virginia Collegiate Institute shall ha^'e power and authority to do 
extension work in agriculture, home economics, and such other subjects as the 
state board of education may direct, among the Negro population of West Virginia. 

The treasurer of the state is hereby designated as the officer to receive from the 
secretary of the treasury of the United States the said several sums of money to 
be paid into the treasury of this State by the federal government for the uses 
and purposes named in any grants for said institute. He shall keep an exact 
account of the moneys so received, and shall place to the credit of each of said 
beneficiaries thereof its due proportion of the same. The sums so placed to 
the credit of the West Virginia Collegiate Institute shall be paid out by him on 



56 School Law of West Viegikia 

the order of the state board of control. And said treasurer shall include in his 
biennial report to the governor a statement of his receipts and disbursements 
under the provisions of this act. 

^The rules and regulations made by the president and faculty of said institute 
for its general government and for the admission of students thereto, the standards 
of scholarship to be maintained therein, and the graduation of students therefrom, 
shall be submitted to the state board of education for its approval. , 

The Legislature of the State of West Virginia hereby accepts for said State 
the terms and provisions of the act of congress of the United States approved 
August thirteith, one thousand eight hundred and ninety, for the objects and 
purposes mentioned and declared therein, and designates "The West Virginia 
Universit5%" established in pursuance of the act of congress of the United States 
passed July two, one thousand eight hundred and sixty-two, and a subsequent 
act passed by said congress on April nineteen, one thousand eight hundred and 
sixty-four, at Alorgantown, in the county of Monongalia, in this State, as a 
beneficiary of said appropriation for the instruction of white students, and 
"The West Virginia CoUegiate Institute," for the beneficiary^ of said appro- 
priation for the instruction of colored students, to be paid to each in the propor- 
tion mentioned in chapter sixty-five of the acts of the Legislature of one thousand 
eight hundred and ninety-one and chapter twenty-seven of the acts of the Legis- 
lature of one thousand nine hundred and eight. And the said institution by the 
name of "The West Virginia Collegiate Institute," shall have and hold all the 
property, funds, rights, powers and pri^^leges herein mentioned. 

The Legislature shall supplement the funds received from the federal govern- 
ment as aforesaid, by making such appropriations from time to time as may be 
necessary for the fmlher support of the West Virginia Collegiate Institute. 

Sec. 151. The Bluefield Colored Institute. The Bluefield Colored Insti- 
tute shall remain where now located, and shall be knovvTi as the "Bluefield Colored 
Institute." Said institute shall be under the control and management of the 
state board of education as pro\dded by section seven of this act, and of the state 
board of control as pro\dded by law for other state educational institutions. 
The rules and regulations made bj' the principal and faculty of said institute 
for its general government and for the admission of students thereto, the stand- 
ards of scholarship to be maintained therein, and the graduation of students 
therefrom, shall be submitted to the state board of education for its approval. 
The Legislature shall make from time to time such appropriations as may be 
necessary for the financial support of said institute. 

Sec. 152. The West Virginia Schools for the Deaf and the Blind — ^Name 
— Location — Management — Purpose. The West Virginia schools for the 
deaf and the blind heretofore established shall remain at Romney and be known 
as "The West Virginia Schools for the Deaf and the Blind," and shall be main- 
tained for the care and training of the deaf and the blind of the State as pro\ided 
by law. The schools shall be under the control- and management of the state 
board of education and the state board of control as pro^ided in this chapter for 
other state educational institutions. 

Sec. 153. Admission. All such deaf and bhnd youth resident in the State, 
between the ages of eight and twenty-five years, shall be admitted to the insti- 
tution on apphcation to the principal. It shall be the duty of the principal to 
keep a careful record of the names of all applicants, with the dates of their admis- 



School Law of West Vibginia 57 

sion and discharge, their age, post office address, the name of their parents or 
guardians, and the degree, cause and circumstances of their deafness or bUndness. 

Sec. 154. Clothing. All such deaf and blind pupils shall be admitted as 
above directed without charge for board and tuition; and when not otherwise 
provided with clothing they shall be furnished therewith by the institution while 
they are pupils therein, and the principal shall make out an account therefor in 
each case against the respective counties from which said pupils come, in an 
amount not exceeding forty dollars per annum for every such pupil, which account 
shall be sworn to by the principal and countersigned by the secretary, and which 
shall be transmitted by the principal to the auditor of the state, whose duty it 
shall be to transmit a copy of the same to the clerk of the county courts of the 
respective counties in which such pupils live, and the county courts of such 
counties shall thereupon, at their next session thereafter held for the purpose 
of making a county levy, include in such levy the amount of said account against 
their counties, and cause an order to be issued on the sheriff of the county in 
favor of the auditor of the state, and cause the same to be transmitted by the 
clerk of said court to the auditor whose duty it shall be to collect the same and 
place it to the credit of the institution, to be drawn out upon a requisition as a 
part payment of the current expenses of said school. If the same is not paid 
to the auditor by the respective counties from which they are due in a reasonable 
time, it shall be the duty of the auditor to collect the same by law. 

Sec. 155. Period of Attendance — ^Special Admissions. The pupils of 
said school may continue therein five years, and for as much longer as in the 
discretion of the board and principal their condition and progress would seem 
to justify. After all the applicants between the prescribed ages of eight and 
twenty-five years have been admitted, if there are accommodations, the principal 
may admit other deaf and blind persons who may be of suitable age to receive 
any advantage from the institution, and upon such terms as the board may 
prescribe; but it shall be distinctly understood that such persons shall withdraw 
from the institution in the order of their admission to make room for new appli- 
cants between the ages prescribed. 

Sec. 156. Course of Instruction. The course of instruction in the insti- 
tution shall be prescribed by the state board of education with the advice of the 
principal, and shall be as extensive both in the intellectual, musical and mechanical 
departments as the capacities and interests of the pupils may require. 

Sec. 157. Registration. In addition to their other duties the assessors of 
the State are hereby required to register in a book to be furnished them by the 
auditor for the purpose, the names of all the deaf and the blind persons in their 
respective districts, with the degree and cause of deafness and blindness in each 
case as far as can be ascertained, from the heads of the families, or from other 
persons whom the assessors may conveniently consult, their ages, the names of 
their parents or guardians, their post office addresses and such other facts as 
may be useful in making the said institution efficient in ameliorating the con- 
ditions of the deaf and the blind. .They shall complete the registration as early 
as possible and forward their report to the auditor who shall, if practicable, 
before the first day of July or as soon thereafter as possible, make an alphabetical 
abstract of all the facts furnished him by the assessors' reports and shall send the 
same by mail to the principal of the West Virginia schools for the deaf and the 
blind, and said principal is hereby further required to put himself into immediate 



58 School Law of West Vieginia 

correspondence with all the deaf and dumb persons of suitable age and condi- 
tion mentioned in the auditor's abstract, with a view to their admission as pupils 
into said school. 

Sec. 158. Compensation for Registration. The assessors shall receive 
for the extra duties hereby imposed the same compensation as now allowed them 
for the registration of births and deaths, and shall be liable to the same penalties 
for failure to discharge their duties. 

Sec. 159. West Virginia Industrial School for Boys — Name — Location — 
Purpose — Management. The West Virginia reform school, established by 
chapter three of the acts of one thousand eight hundred and eighty-nine shall 
hereafter be knowTi and designated as the "West Virginia industrial school for 
boys" and shall be conducted in the buildings heretofore and hereafter erected 
for that purpose at PruntytoA^-n in Taylor county. This school shall be exclusively 
charged with the care and training of male youth of the State, but white and col- 
ored shall be kept separate. It shall be managed, controlled and governed by the 
state board of control, as pro\ided in chapter fifty-eight of the acts of one thous- 
and nine hundred and nine and all subsequent acts relating thereto. 

Sec. 160. Commitments. Any male youth under the age of eighteen, 
and not under the age of ten years, may be committed to and received into the 
West Virginia industrial school for boys for the reasons and in the manner fol- 
lovsing : 

1. By a justice of the peace of the county in which he resides on complaint 
under oath and due proof made to him, by the parent, guardian or other person 
ha^^ng the custody and control of such youth, that by reason of incorrigible or 
vicious conduct such youth has rendered his control beyond the power of the 
parent, or guardian or such other person, and made it manifestly requisite 
that, from regard for the morals and future welfare of such youth and the peace 
and order of society, he shall be placed in said school. 

2. By the same authority, upon complaint under oath and due proof before 
the justice that such youth is vagrant, incorrigible or ^dcious in disposition and 
conduct, and that his parents, guardian, or other person having custody of or 
authority to control him, are depraved or otherwise unfit, um\illing or unable to 
exercise care or discipline over such youth. 

3. By the several courts of this State, as provided in the next section. 

Sec. 161. Convicts. Whenever any male youth under the age of eighteen 
years, shall be conx-icted in any of the courts of this State of felonjr or a mis- 
demeanor, punishable by imprisonment, the judge of said court in his discretion, 
and with reference to the character of the industrial school as a place of cor- 
rection and not of punishment, instead of sentencing said youth to be confined 
in the penitentiary or county jail, may order him to be removed to and confined 
in the said industrial school, to remain until he shall have arrived at the age of 
twenty-one years, unless sooner discharged by the state board of control. Male 
youth under eighteen years of age, convicted in any of the courts of the United 
States for the districts of West Virginia, of any offense punishable by imprison- 
ment, may also be received into said industrial school upon such regulations and 
such terms for their maintenance and support as may be prescribed by the state 
board of control, and assented to by the proper authorities of the United States. 

Sec. 162. Data Accompanying Commitment. It shall be the duty of a 
justice of the peace when committing a youth to the industrial school under the 



School Law of West Virginia 59 

first and second clauses of section one hundred sixty-three* of this act, in addi- 
tion to the commitment, to annex to said commitment the names and residences 
of the different A\itnesses examined before him, and the substance of the testi- 
mony given by them respectively, on which the adjudication was found, together 
with full answers to such interrogatories respecting the history of the case and 
the mental and physical health of the youth, as shall be prescribed by the board 
of control, and furnished in printed form, on application, by the superintendent 
of the industrial school. 

Sec. 163. Proceedings for Gominitinent. In all proceedings before jus- 
tices of the peace for commitment of youth to the industrial school under the first 
and second clauses of section one hundred sixty-three* of this act, the justice 
shall appoint some discreet and disinterested person guadrian ad litem of such 
youth, whose duty it shall be to represent the interests of the youth and to see 
that no injustice is done him; and the guardian ad litem or the youth shall 
have the right to demand a jury of twelve men to tr\- the truth of the charges 
made against the youth, and the jun^- shall be selected, and the trial shall be 
conducted in the same manner as is provided by law for the trial of criminal 
cases before justices by juries. And the guardian ad litem or the youth shall 
have the same right of appeal from any final decision rendered against the youth 
in any such proceedings, whether upon a trial by jury or otherwise, as is allowed 
by law in other criminal cases tried before justices. 

Sec. 164. Gomm:itment Fees. Justices, constables and jurors shall receive 
the same fees in a proceeding for committing a youth to the industrial school as 
are allowed by law for similar services in misdemeanor cases, and such fees shall 
be paid in like manner as fees of such officers and persons are paid in misdemeanor 
cases. 

Sec. 165. Conveyances of Youth to School — Expense. As soon as is 
practicable after a youth, on any account, is committed to the industrial school 
the papers in the case slsAl be mailed to the superintendent, and such youth 
shall remain in the custody of the court pronouncing such commitment, until 
he be delivered to an officer of the industrial school, who shall be sent ^\ithout 
delay, and duly authorized by the superintendent to conduct such youth by the 
most direct and convenient route to the said school; but no youth committed 
to the industrial school shall be lodged in any jail or lockup, if he be under the 
age of twelve years. The superintendent shall, in so far as is consistent with 
the safe conveyance of youth to the school, cause as many youths as may be 
committed from the same or several counties to be conducted to the school at the 
same time. The expense incurred in conducting a youth to the industrial school, 
including transportation and other necessary traveling expenses of the youth and 
of his conductor, shall be paid by the county court out of the treasury of the 
county from which the youth was committed to the school, and a written state- 
ment of such necessary expenditures, fully itemized and sworn to by the officer 
making such expenditures, and attested by the superintendent of the school, 
when presented to any county court, shall be a bill against such court, to be paid 
to the industrial school, and credited to that fund of the school from which the 
original expenditure was made; but when two or more youths shall be so con- 
ducted from more than one county, the necessary expenditure on the personal 
account of the conductor shall be apportioned among the counties concerned in 

*Refer3 to section one hundred sixty. 



€0 School Law of West Virginia 

due proportion to the mileage traveled by the youth from the respective coimties. 

Sec. 166. Offenses. If any person shall entice or attempt to entice away 
from the industrial school any youth legally committed to the same, or shall 
aid or ahet any youth to escape from the industrial school, or shall harbor, con- 
ceal or aid or abet in harboring or concealing, any youth who shall have escaped 
therefrom or shall, ^sithout the permission of the superintendent, give or sell, 
or aid or abet any other person to give or sell, to any youth in the industrial 
school, whether on the premises of such institution or otherwise, any money, 
firearms, intoxicating drinks, tobacco, cigarettes, or other articles whatsoever, 
or shall in any way cause or influence, or attempt to cause or influence or aid or 
abet therein, any youth in the industrial school to \iolate any rule of the institu- 
tion or to rebel against the government of said school in any particular, or shall 
receive by the hands of any such youth an>i:hing of value, whether belonging to 
the State or other\\ise, such person shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less than ten, nor more than one hun- 
dred dollars, or be confined not more than twelve months in the county jail, or 
both fined and imprisoned as aforesaid, as the court may deem proper. And the 
superintendent, or any of his assistants or any one authorized in -^Titing by him, 
or any sheriff, constable, policeman or other peace officer, shall have power, 
and it is hereby made his duty to arrest any youth when in his power to do so who 
shall have escaped from said school, and return him thereto. 

Sec. 167. Transfers Between School and Penitentiary. In any case 
where a youth is committed to the industrial school for an offense punishable by 
confinement in the penitentiaiy- and it is found by the state board of control 
that the industrial school is unable to benefit such youth, and that his presence 
is a detriment or meance to other youth in the institution, or to the general 
good of the school, he may be securely returned to the court which sent him, and 
said court shall thereupon pass such sentence upon him 'as to confinement in the 
penitentiary as may be proper in the premises, or as it should have done had it 
not sentenced him to the industrial school. And the governor shall have power, 
when in the judgment of the warden of the penitentiary and of the superintendent 
of the industrial school, it is ad\isable, to remit the penalty of any offender under 
the age of eighteen years confined in the penitentiary, to a commitment to the 
industrial school. 

Sec. 168. Payments by Counties of Cost of Detention — Reimburse- 
ment. The county court of everv' county shall pay into the state treasury 
the sum of fifty dollars a year on account of each youth from the county who 
shall be received in said school of the first, second or third classes mentioned in 
section one hundred sixty-three*. But in all cases of youth received in said 
school of the first class mentioned in section one hundred sixty-three*, the parent, 
if of sufficient means, and the guardian where the youth has sufficient estate, 
shall annuallj^ reimburse the county the amount paid into the state treasury, 
by ^irtue of this section, on account of such youth- mentioned in the first class of 
section one hundred sixty-three* and the county court of such coimty shall 
have a right to recover the same of such parent or guardian in any court of com- 
petent jurisdiction. 

Sec. 169. Lists of Inmates for Auditor — Application of County Funds. 
The superintendent of said school shall before the tenth day of January in each 

*Refers to section one hundred sixty. 



School Law of "West Visginia 61 

year, make out and certify to the auditor and the state board of control each a 
list by counties of all such youth as are mentioned in the preceding section, 
who are kept in the school during the preceding year or any part of it, shoeing 
as to each youth what part of the year he was so kept in the school, and to which 
class he belonged. On receiving such list the auditor shall charge to each county 
fifty dollars on account of each youth who was kept in such school during the 
preceding year, and a proportionate amount on account of each youth kept 
in school for any part of such year less than the whole. Any money in the treasury 
of the state to the credit of any such county from whatever source arising, and 
not appropriated to pay any other debt of the county to the State, shall be 
applied, so far as necessary to the paym.ent of the sums so charged; if any sum 
in the treasury due the county shall not be sufficient to pay the whole amount 
so charged against it, such sum shall be applied as a credit on the amount charged, 
and the balance shall remain a charge against the county. 

Sec. 170. Certification of List and Credits to County Court — Levy — 
Compelling Payment. Within ten days after receiving such list the auditor 
shall certify to the county court of such county a list of the youth from the 
county in such school, stating the class to which each belongs, the length of the 
term during the year he was in such school, as shown by the list certified by the 
superintendent and the amount due from the county on his account and the total 
amount due on account of all. He shall credit on such statement whatever 
amount has been applied as a payment thereon from any funds of the county 
in the treasury. Such statement shall be a receipt to the county for any amount 
so credited, and shall be a bill for any amount still appearing to be due from the 
county. Unless the bill shall have been paid by the application of funds of the 
county in the state treasury, the county court shall at its next levy term provide 
for the payment of the same, or such part as may not have been paid, and cause 
the amount to be paid into the state treasury. If the amount so due from any 
county be not paid in a reasonable time after such levy term, the auditor may, 
in the name of the State, apply to the circuit court of the county for a mandamus 
to require the county court to provide for and to pay the same, or he may proceed 
in the name of the State by any other appropriate remedy to recover the same. 

Sec. 17L Parole. The state board of control shall have authority, under 
such rules and regulations as they may prescriJDe, to grant, on recommendation 
of the superintendent, a parole to any inmate of the industrial school; but while 
said inmate is on such parole, and until he is discharged according to law, he shall 
remain in legal custody of the board of control and subject at any time to be 
returned to the industrial school, if in the judgment of the board the interests 
of such paroled inmate will best be ser\'¥d thereby. The written order of said 
board, certified by the superintendent shall be sufficient warrant for any officer 
named therein to arrest and return to the school said paroled inmate, and it is 
hereby made the duty of any peace officer, or other person, so named, to make 
such arrest and return such youth to the industrial school. All actual expenses 
incurred in returning to the school pai'oled inmates shall be paid out of funds appro- 
priated for the maintenance of the industrial school. 

Sec. 172. Industrial Home for Girls— Name — Location. "The West 
Virginia Industrial Home" shall remain where now located. 

Sec. 173. Admission. Girls eligible to be received into said home are those 
who are from seven to eighteen years of age, and who may be committed by any 



62 School Law of West Viegixia 

justice of the peace of this State, on complaint and doe proof made to him by the 
parent, guardian, or next friend of such girl, that by reason of incorrigible or 
^^cious conduct, such girl has rendered her control beyond the power of such 
parent, guardian or next friend, and made it manifestly best that such girl should 
be placed in said home, or by any criminal, circuit or intermediate court of this 
State. Girls may be committed for vagrancy up to eighteen years of age, or 
where parents, guardians, or next friends agree and contract with the state 
board of control for their support and maintenance, or girls up to fifteen years of 
age, who may be found in houses of ill fame or assignation houses, upon conviction 
thereof before any justice of the peace, mayor of a town or city; or girls conxdcted 
by any of the courts of this State of felony or misdemeanor, punishable by im- 
prisonment, the judge in his discretion, instead of confining such girl in the 
county jail or sending her to the penitentiary, may transfer such girl so convicted 
to said home, from any county of this State; provided, there is room for such 
girl. Every girl committed to said home shall remain there until she is twenty- 
one years of age, unless sooner discharged by the state board of control. 

Sec. 174. Data Accompanying Commitment — Return and Sentence. 
It shall be the duty of the justice of the peace, mayor or other authority, when 
committing any girl to said home, in addition to the commitment, to annex the 
name and residence of the witness examined, and the substance of the testimony 
given on which the adjudication was founded, as well as the name and residence 
of the girl, the name of her parents, and their residence, if IvnowTi. Any girl who 
may be found incorrigible, or pregnant, or others%ise an improper subject for 
admission to said institution, may be returned by the board of education to the 
court, justice or other authority by whom she was committed, and thereupon such 
court, justice or other authority, shall have power to pass sentence as w^ould have 
been legal in the first instance, as if such girl had not been sent to said home. 

Sec. 175. Trial on Complaint. In all cases coming before a justice, mayor 
or other authority, they shall appoint a guardian ad litem for such girl, who 
shall be some disinterested person, discreet and careful, and who shall see that 
no injustice is done the girl; and he shall have the right to demand a trial for his 
w-ard by a jury of twelve men to ascertain the truth of the charges against the 
girl, and said jur\- shall be selected and trial conducted, as other trials are con- 
ducted bj- justices in criminal cases before them. Or, said justice or court may, 
without a jurj,', trj- such girl, if no jun,' is demanded by her guardian or next 
friend. 

Sec. 176. Separation of Races. The said industrial home shall be exclusively 
charged with the reformation and care of girls, but white and colored shall be 
held separate as far as practicable. 

Sec. 177. Binding Out Inmates as Apprentices. The board of control 
shall have power to bind out such girls as committed to their care as apprentices 
to the time said girls shall arrive at tw'enty-one years of age, to learn some proper 
trade, business or calling, on such terms as shall be advantageous to such girls; 
but such girls so bound out, are to be bound only to those wiiose characters are 
above reproach, and within the State. 

The indentures by which any girl may be so bound shall state for what period 
she is bound, her age, what trade, art -or business she is to follow, and that the 
master shall see that for at least five months in each year said apprentice shall 
be sent to the free schools of the state, and shall be bound to furnish school 



School Law of West Virginia . 63 

books requisite to learn the usual branches taught; the amount to be paid said 
child for each year, if anything above the maintenance of said child, and for 
what year or years, and the master shall bind himself with good security to pay 
the amount agreed upon, which sum of money, if any, contracted to be paid, 
shall be reserved, to be paid said girl or girls so bound, when their apprenticeship 
shall cease with interest, and said board shall not bind out any girl under the 
provisions of this act unless the master bind himself to comply with the conditions 
thereof, and whatever salary said master shall give, shall be paid to the state 
board of control; and it shall be the duty of said board to collect the same accord- 
ing to the tenor or effect of such contract, and turn the same over to the girl when 
she arrives at twenty-one years of age, or sooner if she marries, when the same 
shall be turned over to her. 

Sec. 178. Cruelty to Apprentices. For cruelty or inhuman treatment by 
such master of such apprentice, the circuit court of the county in which such 
master or apprentice may reside, or any justice of the peace of any such county 
shall have jurisdiction to try same, and upon conviction of such master for cruel 
or inhuman treatment of such child, such master shall be fined not less than ten 
nor more than one hundred dollars, and may in addition thereto be confined in 
jail not to exceed ninety days. 

Sec. 179. Removal of Apprentices — Escapes. No master can remove such 
child out of the county where she has been bound by such board, except on the 
written permit of such board; and any person who shall aid or assist any girl 
who has been committed to said institution, or who is subject thereto, to escape 
from any other home or other place where she has been placed by the officers of 
the said institution, or who shall aid or assist any such girl to leave this State, 
shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not 
less than five nor more than twenty-five dollars, and any justice of the county 
wherein such offense is committed shall have jurisdiction thereof. 

Sec. 180. Jurisdiction of Apprentices — By Circuit Court — Desertion. 
The circuit court of the county shall in a summary way be open to hear any 
complaint of such master against his apprentice or to said apprentice against the 
master, and shall make such order in relation thereto as it shall deem fair and 
right. Any apprentice who shall desert the service of such master shall receive 
no pay (if the pay exceed the maintenance), while such desertion continues, 
and anyone who shall knowingly harbor such apprentice shall be liable to said 
master three dollars for every day such harboring or concealing such apprentice 
exists, to be recovered before any court having jusrisdiction. 

Sec. 181. Other State Educational Institutions. On and after the first 
day of July, one thousand nine hundred and nineteen, the West Virginia schools 
for the deaf and the blind, and such other state educational institutions as may 
hereafter be established by the legislature, shall be under the control and man- 
agement of the state board of education and the state board of control, as pro- 
vided in this act for other state educational institutions. 

Sec. 182. Shall Make Reports. On the first day of October of each year 
or as soon thereafter as practicable, the state board of education through the 
state superintendent of schools, shall make to the governor a full report concerning 
the state educational institutions (a copy whereof shall be filed with the state 
board of control at the same time) which shall show the number of persons em- 
ployed about each of the said institutions; the official designation of each of 



64 . School Law of West Virginia 

such persons, and the amount and rate of compensation paid to him; and shall 
report the amount disbursed by them of any funds under their control, stating: 
the purposes for which expended and the amount expended for each purpose, 
and the number of days actually engaged by the persons employed about each of 
their said institutions, including teachers and professors. Said report shall alsa 
show the number of students actually attending each of said institutions, and 
the number of students enrolled in each school or department of each of said 
institutions, and the total cost of each of said schools or departments; and shall 
make special reports to the governor as he may request; and may make recom- 
mendations respecting legislation needed to promote the welfare of their insti- 
tutions. 

The state board of control and the state board of education shall from time ta 
time as may be necessary, make a report to the auditor, which shall state the 
names of each person employed by each of them at any of the institutions named 
in section seven of this act, his ofTicial designation and the rate of compensation 
per month (or by the day or week if emplo^^ed for less than a month) and out of 
what funds or appropriation the same i^ payable. The chief ofTicer or head 
teacher of any such institutions, or other person who may have been appointed 
for the purpose by the state board of control, shall make out and certify to the 
auditor at the end of each month a list of persons to whom any payments may be 
due, stating for what purpose due, the amount due each person and the fund or 
appropriation from which payable; one copy whereof shall be filed in the office of 
the institution where made, and one in the office of the state board of control. 
If the auditor finds such list correct and in accordance with the reports made 
to him by the state board of control, or the state board of education, he may 
pay to the persons entitled thereto the amounts so certified as due each. 

Sec. 183. Voting of Bonds. In any district or independent district the 
board of education may borrow money and issue bonds therefor, for the purpose 
of purchasing school sites, and erecting, completing, enlarging, repairing or 
furnishing school buildings in such district or independent district; provided, 
however, that no such debt shall be contracted under this section unless alt 
questions connected theremth shall have been first submitted to a vote of the 
people of such district or independent district, at a general or special election^ 
and have received a majority of three-fifths of all the votes cast for and against 
the same; and provided, further, that no debt shall be contracted under this 
section which shall, including existing indebtedness, in the aggregate, exceed 
two and one-half per centum of the value of the taxable property in the district 
or independent district, as ascertained by the last assessment thei eof for state and 
county taxes, nor without at the same time submitting to the voters of such 
district at the election held for the purpose of authorizing bonds, the question of 
authorizing a special le\y sufficient to pay the interest annually on ail the out- 
standing bonds and to retire annually a proportionate amount of the principal of 
such bonds. If a majority of the votes cast at siich election be in favor of such 
levy, the board of education shall have authority to lay such levy and may con- 
tinue to lay the same or such portion thereof as may be necessary, from year to 
year, without an additional vote, until such bonded indebtedness is paid off and 
discharged; but the funds arising from such levy shall be used for the purpose 
designated, and no other. 

Such bonds shall not be issued for a longer period than twenty years, nor 



ScHooi, Law of West Vibginia 65 

shall they be sold for less than their par value, nor bear interest at a greater rate 
than six per centum. They shall be issued serially in equal installments, so that 
after the first five years from the date of their issue one of the series will fall due 
and be payable in every year of the remaining period of their issue. Such bonds 
shall also contain a provision authorizing the board of education after five years 
from the date of issue to pay any or all of the remaining outstanding bonds at 
any interest period, by notifying the holders of such bonds by letter, if the names 
and postoffice addresses of such holders be known to the board, and by giving at 
least sixty days' notice by publication in one or more newspapers, said bonds to 
be retired in the order in which they fall due. 

The issuance of such bonds shall be in accordance with the provisions of chapter 
fifty-seven of the acts of the Legislature of one thousand nine hundred and 
seventeen (regular session). 

Sec. 184. School Elections — How Held. Any and all elections authorized 
by this act, for school purposes, may be held separately or in connection with 
any general or special election. Notice of such election shall be given by the 
publication of the order of the board calling the same, in two newspapers of 
different political parties and having general circulation in the territory in which 
the election is to be held, at least once each week for two successive weeks. If 
there is only one newspaper in general circulation in the territory in which the 
election is to be held, then the notice of publication shall be made therein. Printed 
copies of the aforesaid order shall be posted at each place of voting at least ten 
days before the election. All provisions of the law concerning general and special 
elections shall apply in such elections in so far as is practicable, except that the 
board calling the election shall appoint necessary election officers and shall can- 
vass the returns, and the secretary of the board shall procure and furnish to the 
election commissioners at each place of voting the tickets, poll books, tally 
sheets and other things needed. In calling elections, district and county board of 
education shall follow the forms to be prescribed by the attorney general. 

SHERIFFS— DUTIES AS TO SCHOOL FUNDS 

Sec. 185. Collections and Disbursement of School Money — Bond. 

The sheriff of the county shall receive, collect and disburse all school money for 
the county and the several districts and independent districts therein. But 
before receiving or collecting any such school money he shall give in addition to . 
his bond as collector of the state and county taxes, a bond with approved security 
in a penalty double the amount of school money which will probably come into 
his hands for school purposes during any one year of his term of office. 

Sec. 186. Pay Orders. He shall keep accounts with the boards of education 
of the various districts and independent districts of the money belonging to the 
several funds, as provided by law, and shall credit every receipt and charge every 
disbursement to the fund to which it belongs. He shall pay out no money except 
upon orders of the respective boards specifying the amount to be paid, the purpose 
for which paid and the fund to which it is to be charged, signed by the president 
and secretary and countersigned by the county financial secretary, or by the 
president and one other member, as prescribed in section ninety-three* ot this 
act, and countersigned by the county financial secretarJ^ 

*RefeTS to section ninety. 



66 School Law of West Virginia 

Sec. 187. Annual Settlement with County Financial Secretary. He 

shall on or immediately before the first day of July in. each year, settle with the 
county financial secretary for each district and independent district in the county. 
In this settlement he shall be charged with the amount of taxes and of general 
school fund apportioned to each district or independent district by the county 
superintendent and the amount of taxes levied by the board of education upon 
the property of each district or independent district for the teachers' fund, for 
the building fund and all other school funds, and for any other money received by 
him during the current year on account of the free schools of such district or 
independent district; and he shall be credited with the amount of delinquent 
school tax in such district or independent district that has been duly certified 
by the clerk of the county court to such board of education. 

If any county financial secretary fails to make the settlement required by this 
section, with the sheriff within the proper time as aforesaid, he shall be guilty 
of a misdemeanor and upon conviction thereof be fined twenty dollars, the pro- 
ceeds of which fine shall be placed to the credit of the building fund of the dis- 
trict for which said settlement is not made. 

Sec. 188. Payments in Excess. He shall be credited in such settlements 
with all orders paid and produced by him, if found to be correct by the board 
of education, and he shall receive no other credits except his commission as 
hereinafter provided. If any sheriff shall pay out in any one year more money 
on account of the teachers' funds or of the building funds or of any other fund, 
than shall have been levied and could have been collected by him during said 
year together with the amount remaining in his hands from any preceding year, 
he shall in such settlement receive no credits for such excess. 

Sec. 189. Method of Settlement. In making said settlement it shall be 
the duty of the sheriff to prepare and present to the said board of education in 
duplicate separate lists of all the credits claimed by him against each of the 
several school funds collected by him showing the amount, date and number of 
each voucher or order, and to whom payable, together with the statement of the 
proper debits to the several funds to which he is chargeable; which lists and 
statements together with the vouchers claimed as credits by the sheriff shall be 
endorsed by the secretary of the board on the back of each wdth the words "Set- 
tled by board of education," under which the secretary shall sign his name and 
enter the date of the settlement, and said statements and lists as corrected shall 
be signed by said sheriff and by the president and secretary of the said board of 
education in duplicate, one copy to be retained by said board and the other, 
together with the vouchers and orders shall be turned over to the sheriff, who shall 
as soon as may be deliver them to the clerk of the county court, and the same 
shall serve as a basis for the settlement required by section seven of article 
twelve of the constitution, and section one hundred and ninety-three* of this 
act. 

Sec. 190. Settlement with County Court. In addition to the settlements 
required by the sheriff with each board of education, every sheriff shall also make 
the annual settlements by districts with the county court of his county at the 
next term after the first day of July in each year, showing an itemized statement 
of all money disbursed for the preceding year on account of the building fund, 
the teachers' fund, and any other school funds in his hands, showing the amount, 

*Refers to section one hundred ninety. 



School Law of West Virginia 67 

date and number of each credit voucher and to whom payable, and the balance 
due each district and independent district on each of said funds, which settlement 
shall be made a matter of record by the clerk of said court in a book kept for 
that purpose. 

Sec. 191. Corrections in Settlement. But the settlement made by the 
sheriff with the several school districts of the county, as provided in section one 
hundred and ninetyf of this act, when found correct and properly signed and 
turned over to the clerk of said court as required by section one hundred and 
ninety-two* of this act, may be taken and treated as the settlements required to 
be made and recorded by section one hundred and ninety-threef of this act; 
provided, however, that the prosecuting attorney or any taxpayer of the 
county may appear before said court for the purpose of making corrections in 
said report, and said court may hear said objections, after reasonable notice to 
the sheriff and board of education and make such corrections as may be proper, 
and when corrected said settlements shall be recorded; and said settlement and 
vouchers turned over the clerk of said court shall be filed by said clerk by districts. 

Sec. 192. ■ Failure to Account for or to Pay Orders. If he shall fail to 
account for and pay over as required by law any money which may come into his 
hands or for which he is liable, judgment may be rendered therefor against him 
and his sureties with interest and ten per cent damages; and upon the failure 
of such sheriff to pay any proper order issued by the said board of education, the 
person entitled to receive the sum of money specified in such order may require 
the sheriff to endorse thereon or write across the face thereof the words "presented 
for payment" with the proper date and sign the same, and judgment upon 
motion after at least ten days' notice may be obtained against the sheriff before 
any justice of his county or before the circuit court thereof, with interest from 
the time said order was presented and ten per cent damages. But a sheriff shall 
not be required to endorse any school order nor shall suit be brought on any such 
school order prior to the first day of November of the current school year. 

Sec. 193. Failure to Settle. If any sheriff fails to make the settlement 
required by section one hundred ninety* of this act at the time required, without 
reasonable cause therefor, he shall be charged in said settlement with twelve per 
cent interest on all school money in his hands for the time he is in default in 
making the said settlement. If the sheriff fails to make the said settlement at 
the time required it shall be the duty of the prosecuting attorney to proceed by 
action against him and his sureties in the circuit court to recover the fine and 
penalty imposed upon him by this section and by section one hundred ninety- 
fivej of this act. 

Every retiring sheriff shall immediately after he shall have made his final 
settlement in the manner herein provided, pay and turn over to his successor in 
office such balance as may be shown to be due from him by said settlement. 

Sec. 194. The provisions of this act shall in no manner infringe upon the powers 
and privileges heretofore granted by any special act or acts to any independent 

tRefers to section one hundred eighty-seven. 
*Refers to section one hundred eighty-seven. 
tRefers to section one hundred ninety. 
tRefers to section one hundred ninety-two. 



68 School "Law of West Vibginia 



school district in the State; and any independent school district may avail itself 
of any of the provisions of this act as determined by the board of education of 
said independent district. 

Sec. 195. All acts and parts of acts inconsistent with this act are hereby 
repealed. 



SCHOOL LEVIES AND SCHOOL FUNDS 



(Being that part of Chapter 126, Acts of the Legislature of 1919, Regular Session 
relating to School Levies and School Funds) 



Section 1. The county court of every county, the board of education of every 
school and independent school district and the common council or other fiscal 
body in lieu thereof of every municipal corporation, shall hold a session on the 
second Tuesday in August in each year for the transaction of business generally , 
and especially for the transaction of business as herein required. 

Statement and Levies by Boards of Education 

Sec. 5. At its session held on the second Tuesday in August as aforesaid, 
the board of education of every district and independent district except the 
independent school district of Wheeling, shall, if a majority of the ballots cast 
upon the question of laying a levy in the district or independent district as pro- 
vided in chapter forty-five of the code have printed or written thereon "For school 
levy," ascertain the condition of the fiscal affairs of the district and make up an 
itemized statement thereof, distinguishing between elementary and high schools 
and the various funds hereinafter provided for each, which statement shall set 
forth in detail: First: The separate amounts due the various funds of the 
district, and the amounts that will come due and collectible during the current 
fiscal year except from the levy of taxes to be made for the year; 

Second: The debts and demands owed by the district, and the debts and 
demands that will become due and payable during the current fiscal year, includ- 
ing interest on any indebtedness, funded, bonded or otherA\'ise; 

Third: All other expenditures under the several heads of expenditures, to be 
made and payable out of the levy of the district for the current fiscal year, with 
proper allowances for delinquent taxes, exonerations and contingencies. Said 
statement shall also set forth the separate amount necessary to be raised for 
each fund by the levy of taxes for the current fiscal year, the proposed rate of 
such levy in cents on each one hundred dollars assessed valuation of the taxable 
property in the district for each of such funds, and the separate and aggregate 
amounts of the assessed valuation of real estate, personal property, and public 
utility property assessed by the board of public works. A copy of such statement 
duly certified by the secretary of the board shall immediately be forwarded to 
the state tax commissioner, and said statement shall, before the next meeting of 
the board, be published once in two newspapers of opposite politics in the county, 
if there be two such newspapers of general circulation in the county. If there be 
but one newspaper published in the county, the publication shall be made therein. 



70 School Law of West Virginia 

The session shall then stand adjourned until the fourth Tuesday in August, at 
which time it shall reconvene and [ * * * and it shall then be the duty 
of said court (or board of education) to hear and consider any objections made 
orally or in writing, by the prosecuting attorney, by the state tax commissioner 
or his representative, or by any taxpayer of the county, to said estimate and 
proposed lev>% or any item thereof. It shall be the duty of the court (or board of 
education) to enter an order of record showing the objections so made, setting 
forth the reasons and grounds for such objections. But the failure of any officer or 
taxpayer to offer objections as herein provided shall not preclude him from pur- 
suing any legal remedy necessaiy^ to correct an^' le\y made by any fiscal body 
named in this act. After said objections have been made and heard, the court 
(or board of education) shall thereupon reconsider the proposed original esti- 
mate and proposed rate of levy, and if the objection thereto or any part thereof 
appear to be well taken, the court (or board of education) shall correct the same 
accordingly, and it shall thereupon be approved, and when approved shall, with 
the order approving it, be entered by the clerk (or secretary) in the proper record 
book. After ha\'ing entered the statement as finally' approved, in its book of 
record or proceedings, the board shall thereupon le\y as many cents on each 
one hundred dollars assessed valuation of the taxable property in the district, 
according to the last assessment thereof, as will produce the amounts shown by 
the statement approved to be necessary- as follows : 

For Elementary Schools 

(a) For maintenance buUding fund purposes, a \e\y not to exceed ten cents, 
which fund shall be usecf for the purposes for which the building fund as now 
provided by law is used, except that no part of such fund shall be used for pur- 
chasing lands or erecting new buildings, or additions, or for equipping and furnish- 
ing same; but if the rate of le\'3^ as herein provided for maintenance building 
fund purposes will not produce a sufficient fund for such purposes, the deficiency 
shall be made up from the general school fund as pro\'ided for in section seven of 
this act. 

(b) For new building fund purposes, a levy not to exceed twenty cents, which 
fund shall be used for the purpose of purchasing lands and the erection of build- 
ings thereon, for the purchase and remodeling of buildings, and for building addi- 
tions to school houses, and for furnishing and equipping the same. "WTiere, 
however, an exigency exists for additional housing and the levy herein pro\dded 
is not sufficient to provide for same, an additional le\'3' hereunder may be laid, 
not to exceed twenty cents, but such levy shall not be made until the same shall 
have been first submitted to and approved in writing by the state superintendent 
of free schools and the state tax commissioner. Such buildings shall be con- 
structed according to and under the conditions now pro\aded by law. 

(c) For teachers' fund purposes, a levy not to exceed forty cents, for the pur- 
pose of maintaining the schools of the district for a minimum term of six months, 
or for a longer term where the same has been extended by or according to law. 
(In case, however, the levy hereunder, including the supplemental apportion- 
ment of the general school fund hereinafter provided, will not produce a sufficient 
fund to pay minimum salaries to a sufficient number of teachers for all the schools 



School Law of West Vibginia 71 

of the district for the minimum term it shall be the duty of the board of education 
to lay an additional levy to make up the deficiency in the teachers' fund.) 
^ (d) In any district or independent district where the term of school has been, 
or shall hereafter be, extended for a longer period than the minimum term by a 
majority of the votes cast at an election therein as provided in section twenty- 
seven of chapter forty-five of the code of West Virginia of one thousand nine 
hundred and sixteen, and the maximum rate of le\'y hereinbefore provided for 
maintenance building fund purposes and teachers' fund purposes will not pro- 
vide sufficient funds to defray the expenses of the term provided by such election, 
the board of education shall lay a levy sufficiently high to provide the funds 
necessary to conduct the schools in such district for the term provided by such 
election, and such levy shall be separated into, and designated as, maintenance 
building fund levy, and teachers' fund levy. The term of school fixed by such 
election shall continue from year to year so long as a majority of the votes cast 
at the election at which the question of "school levy" is submitted, be in favor 
of such "school lev^''," or until the term so fixed shall be changed by a majority 
vote of the people in such district. 

(e) If the majority of the taxpayers of a sub-district within an incorporated 
municipality, the boundaries of which sub-districts are, or shall be made, co- 
extensive with the boundaries of such municipality, file with the board of educa- 
tion of the district in which such sub-district is a part, at their meeting on the 
second Tuesday in August, a petition praying for an extension of the school 
term therein for a given-^number of months, the board shall extend the term of 
such school for the number of months prayed for in such petition, and shall lay 
levies sufficiently high on each one hundred dollars' assessed valuation of the 
taxable property in such sub-district according to the last assessment thereof, 
for such extension, which levies shall be separated into and designated as main- 
tenance building fund le^^' and a sub-district teachers' fund levy. 

For High Schools 

For high schools for current purposes under such regulations as are prescribed 
by law, a levy of not to exceed twenty cents, and in making up the estimate and 
proposing levies therefor as provided in section five, the board of education shall 
separate the same into two funds as follows: Maintenance building fund pur- 
poses and teachers' fund purposes. 

In case the levy herein provided for high school purposes will not produce 
sufficient funds to continue any high school for the term fixed by law, the board 
of education may lay a levy sufficiently high to maintain such high school for 
the said term. 

Sec. 6. Within three days after the board of education has laid the levies 
for the various funds hereinbefore provided, it shall be the duty of the secretary 
of the board to forward a certified copy of the orders laying levies to the state 
tax commissioner and to report the rate of levy for each fund to the county super- 
intendent and the assessor, and within three days thereafter it shall be the duty 
of the county superintendent to report the rate of levy for each of the various 
funds to the clerk of the county court and the assessor, and the rate of levy for 
all funds, and the total value of real and personal property in each district and 
independent district to the state superintendent of free schools and the auditor; 



72 School Law of West Vieginia 

and it shall thereupon be the duty of the proper county officers to extend on the 
land and personal property books the amount of taxes levied aforesaid, which 
taxes the sheriff shall collect and account for as required by law. 

The General School Fund 

Sec. 7. The proceeds of the capitation tax, the income of the school fund, 
the net proceeds of all forfeitures and fmes which accrued to the State during 
the previous year and all moneys arising from the sources named in section four 
of article twelve of the constitution heretofore going to the "school fund," but 
as now amended going to the "general school fund," all interest on public moneys 
received from state depositories, state license tax on marriages, state tax on for- 
feitures, state tax on state licenses except state licenses paid direct to the state 
auditor and secretary of state (the income, however, from the last three named 
sources shall be paid into the "general school fund" beginning July first, one 
thousand nine hundred and nineteen), and all funds from any source paid into 
the treasury for school purposes and not otherwise appropriated, shall be set 
apai't for the support of free schools, as a separate fund to be called "the general 
school fund." Such fund shall be used to supplement the maintenance building 
fund of elementary schools, and the teachers' fund of elementary schools in dis- 
tricts where the maximum le\'^" for teachers' purposes will not provide sufficient 
funds to pay minimum salaries to a sufficient number of teachers for all the 
elementarj' schools of the district for the minimum term, and for the purposes 
enumerated in the following paragraph : 

It shall be the duty of the auditor, on or I^efore the twentieth day of July in 
each year, to ascertain the amount of the general school fund for distribution, 
after first deducting the aggregate salary of the state superintendent of free 
schools, his necessarjr traveling expenses not to exceed five hundred dollars, the 
contingent and other expenses of his office, and the salaries of county super- 
intendents, and to notify the state superintendent of free schools thereof. The 
state superintendent shall thereupon ascertain the deficiency in the maintenance 
building fund and the teachers' funds mentioned in the preceding paragraph 
whose duty it shall be to deposit with the treasurer of the board of education 
to the credit of such fund the amount necessary to make up such deficiency, to be 
apportioned, however, to the various districts requiring supplemental aid as 
herein provided so as to make the term of elementary schools therein as nearly 
equal as possible being guided, however, in such apportionment by the relative 
assessed valuation of property therein as indicated by the records of the state 
tax commissioner's office. 

But before maldng requisition on the auditor for the supplemental aid herein 
provided, the state superintendent shall inform himself of the conditions existing 
in such districts as seek aid and shall require from all boards of education asldng 
such aid, on forms to be prescribed and furnished by him, a financial statement 
thereof supported by affidavits showing the deficiency existing in such districts 
and the necessity for such aid. 

The state superintendent shall, also, notify the county superintendent of each 
county to which supplemental aid is furnished the amount thereof, who in turn 
shall notify the boards of education of such districts as receive such supplemental 



School Law of West Virginia 73 

aid of the amount thereof apportioned to such district and that the same can 
not be drawn by them until they have laid the maximum levies required by 
sections five (a) and (c) of this chapter. 

Additional Fund Purposes 

Sec. 9. (a) If any county court, board of education, or common council of 
a municipal corporation be of opinion that the maxirnum rate of levy of taxes 
hereinbefore named in section two (a) as to counties, or in section five as to 
•elementary and high schools, in school districts, or in section eight as to munici- 
palities, will not produce sufficient funds for the current fiscal year to cover the 
expenditures for the year in the county or school district, or municipality, as 
the case may be, it may enter an order on its record book of proceedings setting 
forth the purposes for which additional funds will be needed, the amount thereof 
for each purpose, and the total thereof, the separate and aggregate amount of 
the taxable property on which it is authorized to levy taxes and the rate of levy 
in cents on each one hundred dollars assessed valuation of such property neces- 
sary to produce the additional amount estimated to be needed; and in the same 
order submit to the voters of the county, the school district or the municipality, 
as the case may be, at an election therefor, the question of such additional levy. 
If a majority of the votes cast on the question at such election be in favor of 
such additional levy, the court, board or council, as the case may be, shall have 
authority to make such additional levy, but the same shall not exceed twenty 
cents on each one hundred dollars assessed valuation of the taxable property 
in the county, school district, or municipality, according to the last assessment 
thereof. 

(b) If any county, school or independent school district, or municipal cor- 
poration has, at the time this act goes into effect, an outstanding bonded indeb- 
tedness where no provision has heretofore been made to pay the interest on 
such bonds and provide a sinking fund for the discharge of the principal of the 
same at maturity, the county court, the board of education, or the municipal 
council, as the case may be, shall lay a levy sufficiently high to pay the interest 
and provide a sinking fund for the discharge of the principal of such bonds at 
maturity and shall continue to lay the same from year to year until such bonded 
indebtedness is liquidated. The funds arising from such levy shall be used for 
the purposes for which levied and no other. 

(c) If any county or school or independent school district, or municipal 
corporation, creates in the future a bonded indebtedness according to law, the 
county court, board of education, or municipal council, as the case may be, shall 
enter an order on its record book of proceedings setting forth the maximum rate 
of levy necessary in each year to pay the interest and 'provide a sinking fund 
for the discharge of the principal of the bonds at maturity; and in the same order 
submit to the voters of the county, district or municipality, as the case may be, 
at the election held for the purpose of authorizing the bond issue, the question 
of such levy. At such election there shall be printed on the ticket a brief state- 
ment of the levy herein provided for, such as "To authorize a maximum special 

bond levy of cents to pay the interest on, and cents to 

provide a sinking fund for the discharge of the principal of the bonds now being 
voted for according to the order of entered on the 



74 School Law of "West Vieginia 

. day of " And directly underneath, in two separate 

lines, shall be printed the words "For the le^^" and "Against the lew." In 
all respects the provisions of the laws concerning general elections and elections 
under the pro\'isions of this act shall apply to such election as far as they are 
practicable. If a majority of the votes cast at such election be in favor of such 
le\Y, the county court, board or council, as the case may be, shall have authority 
to lay such maximum levy, and it may continue to lay the same, or such portion 
thereof as is necessarj', from year to year, without an additional vote, until 
such bonded indebtedness is liquidated; but the funds arising from such levy 
shall be used for the purposes for which levied and no other. 

Elections 

Sec. 10. The election authorized in section nine may be held at any general 
election, or at a special election held for the purposes herein stated. Notice 
thereof, however, shall be given by publication of the order of the court, board 
of education, or council, calling the same, in two newspapers of general circulation 
in the territory in which the election is held, and of opposite politics, at least 
once in each week for two successive weeks before the election, and printed copies 
of said order shall be posted at each place of voting at least ten days before the 
election. If there be onl^^ one newspaper published in the county, the publication 
shall be made therein. All the provisions of the laws concerning general elections 
shall apply to such election as far as they are practicable, except as follows: 
A separate ticket shall be used at such election held in connection wth any other 
election. On such ticket shall be printed a brief statement of the question sub- 
mitted such as "Special election to authorize -levy of - 

cents, according to the order of the..... , entered 

on the day of .;" and directly underneath in 

two separate lines, shall be printed the words "For the le\"y" and "Against the 
levy." Those favoring the lew shall erase the words "Against the le\'y" and 
those opposed thereto shall erase the words "For the lew." If a majority of 
those voting on the question be in favor of the levy, the said fiscal body submitting 
the question shall be authorized to lay the same; but if a majority of the votes 
cast on the question be not in favor of such lev>', it shall not be laid. If the ques- 
tion be submitted by the county court, the clerk thereof shall prepare, procure 
and furnish to the election commissioners at each place of voting, the tickets, 
poll books, tally sheets and other things needed; if the question be submitted 
by a board of education, the secretary' thereof shall perform such duty; and if 
the question be submitted by a council of a municipal corporation, such duty 
shall be performed by the clerk, recorder or other recording officer of the muni- 
cipal council. 

A lew under (a) section nine may be submitted for any two successive years 
that may be named in the order submitting the question to the voters, the rate 
of levy for each year being stated in such order, and if the le\'3^ be authorized as 
aforesaid, the proper fiscal body may lay such levy, or so much thereof as may 
be necessary for each of said two years. 



School Law of West ViBGiisriA 75 

"Restricted Use of Funds 

Sec. 11. Any funds derived from levying of taxes under and pursuant to the 
provisions of this act shall be expended for the purposes for which levied and no 
other. 

Certain Acts Prohibited and Penalties Prescribed 

Sec. 12. It shall be unlawful for any county court, board of education, oi 
council of a municipal corporation, or other body charged with the administra- 
tion of the fiscal affairs of any county school district or independent school 
district, or municipality to expend any money or to incur any obligation or 
indebtedness which such fiscal body is not expressly authorized by law to expend 
or incur. Nor shall any such fiscal body make any contract, express or implied 
the performance of which, in whole or part, would involve the expenditure of 
money in excess of funds legally at the disposal of such fiscal body, nor issue or 
authorize to be issued any certificate, order or other evidence of indebtedness 
which cannot be paid out of the le\'y for the current fiscal year or out of the fund 
against which it is issued. Nor shall any such tribunal attempt to lay any levy 
the rate whereof shall exceed the rate specified by law. Any indebtedness created, 
contract made or order or draft issued in violation hereof, shall be void and of no 
effect, and any money received thereon may be recovered from the person re- 
ceiving the same by the fiscal body which created, made or issued the indebted- 
ness, contract, order or draft. 

Any member of such fiscal body, or any officer or person who wilfully violates 
any of the provisions of this act, shall expend any money, or incur any debt or 
obligation, or make or participate in the making of any such contract, or be a 
party thereto in any official capacity, or issue or cause to be issued any such 
certificate, order or other evidence of indebtedness, shall be personally liable 
therefor, both jointly and severally, and an action may be maintained therefor 
by the State, or by any county, municipal corporation, district, or person pre- 
judiced thereby, in any court of competent jurisdiction. Any such member, 
officer or person who shall wilfully violate the provisions of this act shall be guilty 
of a misdemeanor, and upon conviction thereof shall be fined not more than five 
hundred dollars, or be confined in jail not more than one year, or be both fined and 
imprisoned, and in^addition thereto shall forfeit his office. "Whenever any court 
of competent jurisdiction by mandamus, injunction, or trial of any action of 
law, or judicial proceeding, shall ascertain or determine that any member of any 
fiscal body hereinbefore referred to has negligently or -wilfully violated any of 
the provisions of this section, it shall enter an order declaring the office of such 
member forfeited. 

Any taxpayer of the county, school district or independent school district or 
municipality, as the case may be, or the state tax commissioner, for the use and 
benefit of the county, school district or independent school district, or munici- 
pality, as the case may be, may, in his name, institute and prosecute to final 
judgment including the right of appeal to the supreme court of appeals of the 
State in any court having jurisdiction, proper action, suit, or proceeding, against 
the individual members of a county court, board of education, municipal council, 
or other body in lieu thereof, to recover from them any moneys expended in 



76 School La-W of West Vieginia 

violation, or'without authority of law. All moneys recovered in any such action, 
■suit or proceeding shall be paid into the treasury of the proper fiscal body to the 
credit of the proper fund. The plaintiff, in case he prevails, shall recover his 
costs against the defendants, including a reasonable attorney's fee to be fixed 
by the trial court, and included in the taxation of costs. Any such taxpayer, 
or the state tax commissioner, shall have the right to institute and prosecute to 
final judgment any proceeding for the removal of any member of any coimty 
court, board of education, municipal council, or other body in lieu thereof, for 
expending public money in \'iolation, or -without authority of law. Upon the 
filing of a petition by such taxpayer, or the state tax commissioner, either in term 
or vacation, the court, or judge, shall set a time for hearing such petition. An 
attested copy of the petition and specifications of charges therein contained, 
shall be served for a period of at least twenty days upon the defendants named 
therein, and no other pleading or notice of such proceeding shall be necessary. 

Preparation of Forms 

Sec. 13. The state tax commissioner shall prepare and furnish forms and 
instructions for making up the statement required in sections two, five and 
eight relating to fiscal affairs; the state superintendent of free schools shall 
prepare and furnish forms and instructions as provided in section seven; and 
the attorney general shall prepare and furnish forms and instructions for the 
holding of any election pro\'ided by this act. 

Construction of this Act 

Sec. 14. This act shall not be construed as afi'ecting any fund heretofore 
raised by le\'y or from being used for the purposes for which le\ded, and any 
balance remaining in any fund affected by this act shall be transferred to the 
proper and logical fund hereunder. 



EXTENSION OF TERM IN THE ELEMENTARY GRADES WHERE A 
NORMAL TRAINING HIGH SCHOOL IS MAINTAINED 



(Being Chapter 84 of the Acts of 1919, Regular Session.) 



In any district in which a normal training, or class one, high school is main- 
tained in connection with a graded elementary school, the board of education 
shall have authority to lay upon all of the taxable property in the district, levies 
sufTicient for the teachers' fund and the building fund for maintenance purposes, 
to continue the elementary grades of such school for the same length of term that 
the normal training, or class one, high school of such district is in session. 

It is provided, however, that any and all pupUs of elementary grades in such 
district shall be permitted to attend the elementary grades ol such school after 
the close of the elementary schools of their sub-districts or in any school term 
in which the elementary schools of their sub-districts are not in session. 

RENEWAL OF CERTIFICATES— ADDITIONAL PROVISIONS 

(Passed by Legislature, Extra Session, 1919.) 

Section 1. The fee for the renewal of a professional teachers' certificate shall 
be five dollars. The fee for the renewal of a short course certificate shall be one 
dollar, said certificate to be renewable for one three-year period and said fee 
payable upon proof that the holder of such certificate has taught or been other- 
wise actively engaged in school work for two years of the preceding three-year 
period; and, provided, further, that service in the United States army or 
navy in the war with Germany shall be counted the same as teaching on any 
renewable certificate, or shall extend the date of expiration of any non-renewable 
certificate one year; and, that attendance for six weeks at an approved school 
may be submitted in lieu of examinations for the renewal of all first grade cer- 
tificates. 



78 School Law of West Vieginia 



STATE BOARD OF CONTROL 



(Being Chapter 15-m of Barnes' Code of Nineteen Hundred Sixteen.) 



Sec. 1. How Constituted. The state board of control, created by chapter 
fifty-eight of the acts of the Legislature of one thousand nine hundred and nine, 
shall continue, and shall be a corporation, and have and use a common seal. 
It shall consist of three members, not more than two of whom at the time of 
appointment shall belong to the same political party, to be appointed by the 
governor by and with the advice of the State Senate. The term of office shall be 
six years. The members now in office shall serve to the end of their respective 
terms, unless sooner removed as herein provided. The governor may remove 
any member for incompetency, neglect of duty, drunkenness, gross immorality, 
malfeasance in office, or for other good cause, and fill the vacancy made by any 
such removal, or made by death, resignation or otherwise, by appointment for 
the unexpired term. The salary of each member shall be five thousand dollars 
per year, to be paid monthly; and each shall be paid his actual traveling and. 
other necessary expenses when absent from the state capital on official business. 
The board shall be provided with an office at the state capital, and with such 
furniture and clerical and other assistance as shall be necessary. The members 
shall give their entire time to the discharge of the duties of their office. The 
board shall choose one of their members president and another treasurer. They 
may select a secretary and such other officers as they may deem best. The offices 
of treasurer and secretary may be held by the same member. Before entering 
upon the duties of his office, each member shall take and subscribe the oath of 
office prescribed by the constitution, the certificate whereof shall be filed with 
records of the board, and he shall give bond inthe penalty of ten thousand dollars, 
conditioned for the faithful performance of the duties of his office, and to account 
for and pay over according to law" all moneys or other thing of value which shall 
come into his hands or under his control by virtue of his office; but the treasurer's 
bond shall be in the penalty of twenty-five thousand dollars, which shall cover 
his liability as a member, and as the treasurer. The board may cause the surety 
in any of such bonds to be a surety or bonding company authorized to do business 
in this State, and pay the costs thereof out of its current or contingent expense 
fund. All such bonds shall be approved as to form by the attorney general, and 
as to sufficiency by the governor, and when so approved shall be filed and recorded 
in the office of the secretary of state. In the absence of the president or of the 
treasurer from the state capital, or in the disability of either, the duties of his 
office may be performed by another member of the board. All deeds, contracts, 
agreements and other such wTitings may be executed by the state board of 
control by the signing of the name of the board thereto by the president, and 



School Law of West Virginia 79 

impressing the seal of the board therein, attested by the signature of the secre- 
tary; and when so executed any such deed, contract, agreement or other such 
writing shall be deemed the act and deed of said board, and shall be admitted 
to record in the oflfice of the clerk of the county court, and in any other office or 
place where writings are admitted to record. 

Sec. 2. Expenses. Before any expenses of any member of the board of 
control or of the board of regents, or of any officer or agent thereof, or before 
any expenses incurred by any person under the direction of either of said boards, 
or the expenses of any officer or employee of any institution under the charge of 
said boards, shall be paid, a full written statement of every item of such expendi- 
ture, shall be presented to the auditor, duly verified, which verification shall 
state that the expense bill is just, accurate and true, and is claimed for cash 
expended for the purposes named in the statement. Unless the statement is so 
verified and duly audited, payment thereof shall not be made. 

Sec. 3. Control and Management of Certain Institutions. The board 
of control shall have full power to manage, direct, control and govern the West 
Virginia asylum, the second hospital for the insane, the West Virginia hospital 
for the insane, the West Virginia penitentiary, the West Virginia reform school, 
the West Virginia industrial home for girls, miners' hospital No. 1, miners' 
hospital No. 2, miners' hospital No. 3, and the schools for the deaf and the blind* 
and such other institutions, except educational, as may hereafter be created 
by law. 

Sec. 3-a. Names of Certain Institutions Changed. From and after the 
thirtieth day of June of the year one thousand nine hundred and fifteen, the 
name of the West Virginia asylum shall be changed to Huntington state hospital; 
the name of the second hospital for the insane shall be changed to Spencer state 
hospital; the name of the West Virginia hospital for the insane shall be changed 
to Weston state hospital; the name of miners' hospital number one, shall be 
changed to Welch hospital number one; the name of miners' hospital number 
two, shall be changed to McKendree hospital number two; the name of miners' 
hospital number three shall be changed to Fairmont hospital number three. 
All statutory provisions applicable to the government and maintenance of said 
asylums and hospitals, and to each of them, under their old names, shall be 
continued in force and be applicable to the government and maintenance of the 
same institutions under their new names. 

All acts and parts of acts inconsistent with this act are hereby repealed. 

Sec. 4. To Have Financial Control of Educational Institutions. The 
board of control shall have charge and control of the financial and business affairs 
of the West Virginia University, of the preparatory branches of the university 
at Montgomery, and at Keyser, of the state normal school and its branches, of 
the West Virginia colored institute and of the Bluefield colored institute and 
have such other control and management of said institutions as are in this act 
provided. 

Sec. 5. Title to Property. The title to all property constituting or belong- 
ing to the several institutions named in sections three and four and now vested 
in the several boards of directors, or of regents thereof, shall be and hereby is 
vested in said board of control on and after July first, one thousand nine hundred 

*The Acts of the Legislature of 1919, regular session, make it the duty of the State Board of 
Education to have charge of the educational affairs of the Schools for the Deaf and the Blind as 
of other state educational institutions. 



80 School Law of West Virginia 

and nine; and the several boards now charged with the control and management 
of said institutions shall thereafter have no further legal existence; and the 
board of control is, ^\dthout further process of law, authorized and directed then 
to assum.e control and management of the said institutions subject to the pro- 
visions of this act. 

Sec. 6. Moneys and Funds. All moneys and funds belonging to the State 
which shall come into the hands or control of the head officer, or other officer, 
of any of the institutions mentioned in sections three and four, or of any other- 
institution, department, board, commission, or other agency of the State, or of 
any person connected therewith, and under the control and management of the 
state board of control in whole or in part, or the fiscal or financial affairs of which 
are subject to the control or management of said board, shall be paid to the 
treasurer of said board at least once in each month, on or before the tenth day 
of the month succeeding the month in which such moneys or funds were received,, 
under such rules and regulations as said board shall prescribe. The state board 
of control shall cause such money and funds to be paid into the state treasury 
to the credit of the proper fund of the institution, department, board, commis- 
sion, or other agency of the State, by depositing the same in a state depository 
and delivering to the auditor the certificate of deposit therefor. The auditor 
shall credit the same to the institution, department, board, commission or state 
agency as sho^Mi by the certificate of deposit; and the state board of control 
shall have authority to issue requisitions, from time to time, on such moneys and 
funds to be expended for the support or benefit of the institution, department, 
board, commission, or state agency for which the same was appropriated or 
pro\dded, and all such moneys and funds are hereby appropriated for the purpose. 
Such moneys and funds are hereby named "state board of control funds." WTien- 
ever the appropriations by the Legislature are insufficient to pay the expenses of 
conducting any of said institutions, the deficiency shall be certified b^' the state 
board of control to the board of public works. Such certificates shall state the 
name of the institution, the items and amount in detail needed, and the board of 
public works may direct paNTnent of the same of any part thereof as pro\dded in 
chapter sixteen of the acts of one thousand nine hundred and four. 

Sec. 7. Same — How Expended. All money received by the state board 
of control from any source, on account of institutions imder its control, shall be 
paid into the state treasury- at least once each month to the credit of the institu- 
tion and fund for which received, and shall remain in the treasury' until expended 
on order of the state board of control or otherwise disposed of by law. There 
is hereby appropriated so much of the moneys mentioned in this section as may 
be necessary for the purposes of any of the institutions for t^hich such moneys- 
are received. But no moneys received on account of one institution or fund shall 
be used for any other institution or fund. 

Sec. 8. Clerical Assistants — Reports of Institutions. The board of 
control shall appoint a competent secretary and such other clerical assistants 
as may be necessary to the proper conduct of its business. The salaries or com- 
pensation of the employees of the board shall be fixed by it, but no salary or 
compensation shall be increased to exceed the amount appropriated by the 
Legislature to pay the same. The board shall cause to be kept at its office a 
proper and complete set of books and accounts with each institution, which shall 
clearly show every expenditure authorized and made thereat. The said books 



School Law of West Vieginia 81 

shall exhibit an account of all appropriations made by the Legislature concern- 
ing any institution named in sections three and four, and of all other funds under 
the control of the board. It shall, in conjunction with and subject to the approval 
of the chief inspector of public accounting, prescribe the form of vouchers, records 
and methods of keeping accounts at and by each of the institutions named in 
sections three and four. Such vouchers, records and methods of accounts of 
the institutions shall be as nearly uniform as possible. The board, or any member 
thereof, shall have the power to investigate the conditions of and to examine and 
check the records of any of said institutions at any time. The board shall also 
have the power to authorize any of its members or officers, its bookkeeper and 
accountant, or any other employee, to proceed to any of the said institutions, and 
to examine and check the records, take inventory of the property thereof, or any 
of its departments, or for any other purposes the board may deem necessary. 
Any person doing such work shall receive, in addition to regular compensation, 
pay for actual expenses incurred thereby, such expenses to be paid in the manner 
hereinbefore provided. Upon the completion of any such special work the board 
shall cause a full and complete written report of the same to be made to it as soon 
as practicable. 

Sec. 9. Powers and Duties. The state board of control or one or more of 
its members shall visit each of the institutions under its control and management 
in whole or in part as often as may be necessary, and may hold a regular meeting 
of the board at any such institution. During any such visitation the board or 
any member thereof shall thoroughly inspect all the departments thereof and 
investigate the condition and management of the same; and for the purpose 
of aiding any such investigation the board or any member thereof shall have 
power to summon and compel the attendance of witnesses, to be examined under 
oath, which any member shall have the power to administer; and the board or 
any member thereof shall have access to all books, papers and property neces- 
sary to any such investigation, and may order the production of any books, 
papers or property. Witnesses, other than employees of the State, shall be 
entitled to the same fees as in civil cases in the circuit court. In any investigation 
by the board, or by any member thereof, it or he may cause the testimony to be 
taken in shorthand and transcribed and filed in the office of the board as soon 
after the same is taken as practicable. Any person refusing or failing to obey 
the order of the board, or any member thereof, issued under the provisions of 
this section, or to give or produce any evidence required, shall be reported by 
the board or the member thereof conducting the investigation to the proper 
circuit court or the judge thereof, and such person so refusing or failing shall be 
dealt with by the court or judge as for contempt. 

Sec. 10. Appointtnent of Heads of Certain Institutions. The governor 
shall, by and with the advice and consent of the Senate, appoint a superintendent 
for the West Virginia asylum, superintendent for the second hospital for the 
insane, a superintendent for the West Virginia hospital for the insane, a warden 
for the penitentiary, a superintedent for the,West Virginia reform school, a super- 
intendent for the West Virginia industrial home for girls, a superintendent for 
miners' hospital No. 1, a superintendent for miners' hospital No. 2, a superin- 
tendent for miners' hospital No. 3, and a superintendent for the schools for the 
deaf and the blind.* The governor may remove any superintendent or warden 
for incompenteflcy, neglect of duty, gross immorality, malfeasance in office, or 

*Sce note (*) bottom of page 79. 



82 School Law of West Vieginia 

for other good cause, and in case of vacancy, whether occurring by reason of 
removal or otherwise, may declare the office vacant and fill the same by appoint- 
ment for the unexpired term. The superintendent of each institution and the 
warden of the penitentiary shall have the power to appoint all assistants and 
employees required for the management of the institution in his charge, the num- 
ber of said assistants and employees, and their compensation, to be first fixed 
by the state board of control. The superintendent of any institution and the 
warden of the penitentiary may, at his pleasure, discharge any person therein 
employed. It shall be the duty of the board to investigate any complaint made 
against the chief executive officer of any institution, and also against any other 
officer or employee thereof, if the same has not been investigated. The board 
shall have the power to recommend to the governor the removal of any such 
chief executive officer, or other officer, setting forth in such recommendation the 
reasons for the same. The board shall fix the salaries or compensation of the 
officers and employees of the institutions named in section three on or before the 
first day of July of each year, to be paid during the year to commence July first, 
and no change shall be made therein excepting at the time prescribed in this 
section. The salaries or compensation of all officers and employees of the several 
institutions named in sections three and four shall be paid monthly, to include 
the last day of each month. 

The chief officer of each of the institutions named in section three shall be 
furnished quarters, household furniture, board, fuel and light for himself and 
his family; quarters, household furniture, board, fuel and light shall be furnished 
to such other officers as is made necessary by the character of their service, and 
the board of control shall designate those who shall receive the foregoing in 
addition to their salary. 

Sec. 11. Rules and Regulations. The board is authorized to make rules 
for the proper execution of its duties and powers. It shall also have the power 
to adopt rules and regulations for the government of the institutions, named 
in sections three and four, and shall therein prescribe, consistent with the pro- 
visions of this act, the duties of the persons connected with the management of 
the said institutions. 

Sec. 12. Shall Purchase Supplies. The state board of control is hereby 
authorized and required to purchase all supplies for the proper support and 
maintenance of the institutions named in sections three and four, and for any other 
institution, department, board, commission, or other state agency, under its control 
or management in whole or in part. Such supplies shall be purchased whenever 
practicable by contract on competitive bids, and notice of the same shall be given, 
whenever the board thinks best, by publication in at least two newspapers of 
general circulation in the State for not less than two weeks prior to the award 
made; and a written or printed notice shall be sent to every manufacturer or 
dealer of or in the article or commodities for which prices are desired who has 
requested his name to be placed upon the mailing list. The contract shall be 
awarded to the lowest responsible bidder if the price be a fair and reasonable one 
and not greater than the market price. The board is authorized to require such 
surety as it may deem proper to accompany the bids submitted, and shall also 
fix the amount of the bond or other security that shall be furnished by the person, 
firm or corporation to whom the contract for any supplies is awarded. The board 
shall have the power to reject any and all bids submitted if for any reason it is 



School Law of West Virginia S3 

deemed to the best interests of the State to do so, and to re-soHcit bids in accord- 
ance with the provisions of this section. The board may determine the kind 
and character of animals to be slaughtered for meats for use in the several insti- 
tutions under its control and it shall make such rules and regulations as may be 
necessary for the inspection of meats, poultry, bread and other supplies intended 
for use in any of the said institutions. In accepting bids for supplies preference 
shall be given citizens of this State, other things being equal. "Whenever the board 
fail to make contracts for supplies the same may be purchased by the chief 
officer in charge of an institution, under such rules and regulations as shall be 
prescribed by the board of control. It shall be the duty of the chief officer of 
each institution named herein to cause to be prepared estimates of supplies 
required for the proper conduct and maintenance of the irstitution under his 
charge, covering periods to be fixed by the board of control, and to forward the 
same to the board in accordance with its directions. No member or officer of 
the board of control, or of the state board of regents, *and no person in their 
employ and no officer or employee of any state institution shall be directly or 
indirectly interested in the purchase of supplies, or in any supplies purchased, 
nor in any contract, agreement or undertaking entered into by and for any of 
said institutions; and if he be so interested he shall forfeit his office, such contract 
shall be void, and such person shall be liable to the State upon his official bond for 
all damages. No member of said board, no officer, agent or employee thereof, 
and no officer of any institution under their charge, shall directly or indirectly 
for himself or for another, or for any such institution, receive or accept any gift 
or gratuity or thing of value from any dealer in goods, merchandise or supplies 
which are or may be used in such institutions, or from any person, firm or cor- 
poration who are or may be interested in any contract with such board for or on 
account of the State. Any violation of this section shall be a misdemeanor, and 
be punished by a fine of not less than twenty-five nor more than five hundred 
dollars. 

Sec. 13. Buildings for Institutions. The state board of control is vested 
with authority to employ competent architects for the preparation of plans and 
■specifications for all new buildings hereafter to be built by the State, or for the 
repairing or remodeling of existing buildings, or the corstructicn of additions 
thereto; to employ competent persons to superintend the work of corstructing 
new buildings or of such repairs, remodeling or additions, and to call for bids 
and award contracts for such work. The board shall have authority to erect 
any new buildings, or to make repairs or additions to, or changes in, any buildings 
already constructed, without letting the same to contract, or by employing thereon 
the labor of the inmates of any institution of the State, whenever in the judg- 
ment of the board the best interests of the State will be subserved thereby. 
The board may also provide with contractors for the erection of new buildings or 
for additions or repairs to old ones, to use thereon the labor of such inmates. 
The board has authority, whenever in its judgment a new building is needed by 
the State, or whenever it is necessary to build an addition or make material 
repairs to a building already in existence, with the approval of the governor, to 
•employ a competent architect or architects to make plans and specifications 
therefor, and estimate of the cost thereof, for submission to the next session of 
the Legislature, to aid that body in making an appropriation for the purpose. 
The governor may pay the cost of such plans and specifications and estimates out 

*State Board of Education— Acts of 191aj 



84 School Law of West Virginia 

of his civil contingent fund, or the board may cause the same to be paid out of 
the current expense fund or out of any appropriation made for buildings and 
land or for repairs and improvements of the institution for which the building or 
work is designed. So far as practicable, hereafter all buildings erected for the 
use of the State shall be fire-proof. 

Sec. 14. Records of Institutions. The state board of control shall pre- 
scribe the records to be kept for statistical and other purposes in the several 
institutions named in sections three and four. It shall require a copy of such 
record to be transmitted to it for the preceding month, and the board shall keep- 
in its ofiice in a substantially bound book a copy of every report that they may 
require from the chief officers of any institution; and shall have authority to- 
assemble the chief officers of the institutions or any of them at its office, for the 
purpose of discussing any question which may be common to their welfare. 
The actual expenses made necessary in traveling to and from such meeting and 
while upon its attendance, shall be paid out of the contingent fund of the several 
institutions. All bills on account of such expenses shall be made and paid as 
provided in section two of this act. 

Sec. 15. Report to Governor. On the first day of October, one thousand 
nine hundred and ten, or as soon thereafter as practicable, and biennially there- 
after, the board of control shall file T\ith the governor a full report of all matters 
herein prescribed, sho^^ing the condition of all the institutions under its control, 
the cost of conducting the same during the period covered by the report, naming 
the buildings contracted to be erected, at what points, for what purposes, the 
contract price and the condition of construction, and shall also include therein 
a statement of the work and expenses of the board. It shall also incorporate 
in its report suggestions respecting legislation for the benefit of the sev- 
eral institutions under its care, and shall make estimates of appropriations, 
which in its opinion are necessary for the maintenance and other expenses 
of the institutions and for buildings, betterments and other improve- 
ments. The said report shall also contain such portions of the biennial 
reports made by the chief officers of the several institutions 
to the board as it may deem proper, also statement showing the dates of 
visitation made by the board or by any member thereof to the several institu- 
tions. In its report shall be included an itemized statement of the expenses of 
the boai'd and such other matters as it may deem pertinent. There shall also be 
published in the report full and complete lists of the officers and employees of 
the board and of the institutions named in sections three and four, showing the 
annual salary paid and perquisites allowed each officer or employee. The gover- 
nor is hereby empowered to call upon the said board for any special report or 
information relative to any matter coming within its authority. The governor- 
may direct the said board to make any special investigation into and report 
upon any matter connected with any state institution. 

Sec. 16. Gifts and Devises. The board of control is hereby empowered to> 
accept any gift or devise of any property or thing which lawfully may be given. 
If such gift or devise is to any particular institution named in sections three 
and four, whatever profits shall arise from its use or investment, shall be paid 
into the state treasury for the use and benefit of the said institution and the board 
■is hereby invested -v\ith the title to the pjoperty which is, or may be subject of" 
such gift or devise. 



School Law of West Virginia 



Sec. 17. Insurance on Buildings. The board of control shall have charge 
and control of the insurance of all buildings and property of the State and shall 
keep the same properly insured against loss by Jire, by explosion of steam boilers 
and the like; but the insurance of the property of the State at the seat of govern- 
ment shall be first authorized by the board of public works. The board of control 
shall keep a record of all such insurance which shall show the name of each insur- 
ance company, the number, date and amount of insurance of each policy \vTitten 
by it, the rate of premium, the building or other property on which insurance is 
placed, the period for which written and the date of its expiration; and the 
amount of insurance upon each building and such other matters as the board may 
deem pertitent. 

Sec. 18. Same — Limitations — Appropriations for Re-building. The 
state board of control shall insure only such buildings and property of the State 
as it shall deem most likely to be damaged or destroyed by fire, and within the 
limits of the amounts hereby appropriated. If any building is destroyed by fire, 
there is hereby appropriated out of any money in the treasury, not otherwise 
appropriated, such sum as may be necessary to replace such building, but the 
amount thereof shall not exceed the value of the building destroyed, less the 
amount of insurance, if any, collected thereon. 

PUBLIC LIBRARIES 

(Being Chapter 64, Acts of the Legislature of 1915.) 

Section 1. Definitions. The following words and phrases, wherever used 
in this act shall include and be taken to mean as follows: the word "munici- 
pality" shall include an incorporated city, a town, a county and a school district; 
"municipal authority" shall include the mayor and common council of a city, 
a town, or board of commissioners, or other corresponding authority thereof, 
county courts and boards of education of school districts and independent school 
districts; "public library" shall include public library and reading room; "chief 
executive authority" shall include mayor and city council or other corresponding 
authority in cities and towns; and the county court and board of education in 
counties and school districts; "the directors of public library board" shall 
include the members of public library boards of cities, towns, counties and school 
districts established under this act. 

Sec. 2. Levy — Upon Vote of People. The municipal authority of any 
municipality shall have the power to establish, equip and maintain a public 
library, or take over and maintain and support any public library already estab- 
lished therein, for the use and benefit of the inhabitants of such municipality, 
and may levy an annual tax for the purpose of not more than one and one-half 
cents on the one hundred dollars, on all the taxable property in said munici- 
pality, such tax to be leaded and collected in like manner as the general taxes of 
the municipality, which shall be kept separate in a fund to be known as the 
"library fund;" provided, that when any municipality makes a levy for a 
municipality in which there is already a municipal library, and the said muni- 
cipality does not join in the proposed library, the said municipality shall omit 
from the levy of the library tax all property within the limits of said municipality 
not joining in said proposed library; provided, further, that before establishing 



86 School Law of West Vieginia 

any public library, or le^';3•ing any tax therefor, the municipal authority shall 
submit the question to the voters of such municipality, and the majority of the 
voters voting thereon shall authorize the establishment of such libran,% and the 
levy of such tax. The question shall be submitted at a general or special elec- 
tion, upon the order of said municipal authority or upon the petition, in case said 
municipal authority fail or refuse to do so in wTiting, of twenty per centum of 
the qualified voters resident of the municipality and the election, when ordered, 
shall be conducted, held and returned in all respects as other elections; and the 
ballot used shall have -^Titten or printed thereon under the heading "public 
library- question" the words in plain letters, "for public library-," "against pubhc 
librar\\" And the municipal authority of said municipality shall give at least 
two weeks' notice of said election by publishing notice thereof in one or more 
newspapers published in said municipality; or, if none are therein published, by 
like notice posted for a like period at each of the voting places in said muni- 
cipality, and at five other pubhc places for a like period, before said election, gi^^ng 
the date and object of the election. 

Sec. 3. Appointment of Board. Whenever such public librar^^ is estab- 
lished under this act, the chief executive authority of said municipality shall 
appoint a board of six directors, chosen from the citizens at large from said 
municipality, with reference to their fitness for such office. Such directors shall 
hold office for three years from the first day of July follo"«ing their appoint- 
ment, and until successors are appointed; but upon their first appointment they 
shall, at their first meeting, divide themselves into three classes, so that one-third 
of the number shall hold office for a period of one year, one-third for two years, 
and one-third for three years. No person shall be ineligible to ser\-e on said board 
by reason of sex. Vacancies in the board shall be reported to the municipal 
authorities, and filled by appointment in like manner as original appointments 
for the unexpired term. The municipal authorities may remove any director for 
misconduct or neglect of duty. No compensation shall be paid or allowed any 
director. The chief school officer of each municipality establishing a public 
library shall be ex-oflflcio a member of its librarv^ board in addition to the six 
directors pro\-ided for herein. 

Sec. 4. Powers of Board of Directors. The directors of each public library 
established under this act shall, immediately after their appointment, meet and 
organize by electing one of their number as president, and one as secretarj% 
A majority of all the members of any board shall constitute a quorum for the 
transaction of business. They shall make and adopt such by-laws, rules and 
regulations for their own guidance and for, the government of the librar>^ as may 
be expedient and not inconsistent with this act. They shall have exclusive con- 
trol of the expenditures of all the money collected for the library' fvmd and for the 
construction of any library building or repairs thereto, and the supervision, care 
and custody of the grounds, rooms or building constructed, leased or set apart 
for the purpose; provided, that all money received for public libraiA' purposes, 
and deposited in the treasurj^ of such municipality to the credit of the library 
fund, shall be drawn by the proper municipal officers upon the proper authenti- 
cated vouchers of the library board. Public library boards may, with the ap- 
proval of the municipal authority, lease and occupy or purchase or erect an 
appropriate building for the use of said librar\\ They shall have power to ap- 
point a suitable librarian and assistants, and prescribe rules for their conduct, 



School Eaw of West Vieginia S7 

and fix their compensation; and shall have power to remove such appointee, and, 
in general, to carry out the spirit and intention of this act in estabhshing and 
maintaining free pubhc Ubraries for their respective municipahties. 

Sec. 5. Use of Library. Each Ubrary estabhshed under this act shall be free 
for the use of the inhabitants of the municipality where located, subject to such 
reasonable rules and regulations as the library board may adopt and publish, 
in order to render the use of said library of greatest benefit to the greatest number; 
and said board may exclude from the use of said library any and all persons which 
shall wilfully violate such rules. The board may extend the privilege and use 
of said library to non-residents of the municipality upon such terms and con- 
ditions as said board may prescribe. 

Sec. 6. Report of Library Board. Each library board shall, on or before the 
first day of July in each year, make report to the municipal authority appointing 
it, stating the condition of the library property, the various sums of money 
received from the library fund, and all other sources, and how such money was 
expended, the number of books and periodicals on hand, the number added by 
purchase and gift, the number lost or mislaid, the number of books loaned out and 
the general character of such books, together with an itemized budget estimate of 
expense of the library for the ensuing year, with such other statistical information 
and suggestions as they may deem of general interest or that may be required by 
said municipality. 

Sec. 7. Gifts, Devises or Bequests. All persons desiring to make dona- 
tions of cash or other personal property or real estate for the benefit of such 
library shall have the right to vest the title thereof in the library board created 
under this act, to be held in trust and controlled by such board according to the 
terms and for the purposes set out in the deed, gift, devise or bequest. 

Sec. 8. Penalties for Injury to Property. Any one who shall wilfully 
deface or injure any building or furniture, or deface, injure or destroy any 
picture, plate, engraving, map, newspaper, magazine or book, or any obj ect of 
art belonging to a public library, shall be guilty of a misdemeanor, and on con- 
viction thereof shall be punished by fine of not less than five dollars or more than 
fifty dollars, or by imprisonment not exceeding six months. The fine in each case 
shall be paid to the proper officer or custodian of the library fund to be used by 
such library as other money paid into its treasury. 

Sec. 9. Penalties for Failure to Return Books. Any person who shall 
wilfully detain any book, newspaper, magazine, pamphlet or manuscript be- 
longing to such library, or to any incorporated library, for thirty days after notice 
in writing from the librarian, after the expiration of the time such books, news- 
paper, magazine, pamphlet or manuscript may be kept according to the rules 
and regulations of said library, shall be liable for damages, to be recovered by 
said library board, by appropriate proceeding before a justice of the peace;, 
the recovery in each case to be paid to the proper officer or custodian of its funds;. 
provided, that the notice required hereby shall include a copy of this section. 

ABOLISHING THE COMMON DRINKING CUP 

(Being Chapter Twenty-three, Acts of Nineteen Hundred Thirteen) 
Section 1. Use of Common Drinking Cups. That the use of the common 



School Law of West Virginia 



drinking cup, an undoubted source of communication of infectious diseases, 
is hereby prohibited in all public places, upon all railroad trains and boats, carry- 
ing passengers, in all public buildings of every description, and at public drinking 
springs and fountains -vsithin this State. The state board of health shall have 
full authority to establish rules and regulations to make this prohibition effective, 
as in their judgment may seem \sise and proper. All persons, firms or corporations 
failing to observe the provisions of this act, or the rules and regulations of the 
state board of health made in relation thereto, shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be fined not less than ten nor more 
than fifty dollars for each offense. 

PROHIBITING THE USE OF CIGARETTES 

(Being Sections of Chapter Sixteen, Acts of Nineteen Hundred Thirteen) 

Sec. 2. That it shall be unlawful for any person under the age of twenty- 
one years to smoke, or to have about his person, or premises, any cigarette or 
cigarette paper, or any other form prepared to be filled with smoking tobacco for 
cigarette use. Any person violating the provisions of this section shall be punished 
by a fine of not exceeding five dollars; provided, that the court or justice trying 
the case may remit the penalty for violation of this section, upon the disclosure 
by the person charged with the offense of the name of the person, firm or cor- 
poration from whom he obtained any such cigarette or cigarette paper. 

Sec. 4. Every person who shall smoke or use a cigarette or cigarettes in any 
school building or any buildings or such parts thereof as may be used for school 
purposes, or on any lands used for school purposes, shall be guilty of a misdemeanor 
and upon conviction shall be punished for each offense by a fine of not less than 
one nor more than five dollars. 

STATE DEPARTMENT OF HEALTH 

(The Legislature of 1915 passed an act creating a state department of health. 
The following excerpts from this act are given here because of the references to 
schools and school buildings. Sections are arranged according to Barnes' Code 
of Nineteen hundred sixteen.) 

Sec. 1. (2) Commissioner of Health — Powers and Duties. The com- 
missioner of health shall be appointed by the governor, by and with the consent 
of the Senate, and shall be a physician skilled in sanitary science, and experienced 
in public health administration. * * * His duties shall be to * * * 
inspect and report from time to time the sanitary condition of institutions, 
schools and school houses, public conveyances, dairies, creameries, slaughter 
houses, workshops, factories, labor camps, hotels, and places where offensive 
trades or industries are conducted; inspect and report the sanitary condition 
of streams, sources of water supply, and sewerage facilities; endeavor to enlist 
the co-operation of all physicians, and volunteer health organizations in the 
improvement of public health; promulgate information to the general pubUc 
in all matters pertaining to public health. * * * 

Sec. 4. Inspectors and Examiners — Powers and Duties. Inspectors, 
examiners or other persons appointed by the commissioner of health may be 



School Law of West Vieginia S9 

appointed at such time or times as by him deemed necessary; and they shall act 
as representatives of the commissioner of health, and under his direction, shall 
secure the enforcement of the provisions of the public health laws and regulations, 
and shall have the right of entry into any workshop, public school, factory, dairy, 
creamery, slaughter house, hotel, or other place of business or employment, or 
any ^common carrier or public utility when in the discharge of official duties. 
Any person interfering with or attempting to interfere with any inspector, ex- 
aminer or any other duly authorized employee of the commissioner in the dis- 
charge of his duties under this section shall be guilty of a misdemeanor and upon 
conviction fined not exceeding one hundred dollars. 

Sec. 2. Public Health Council. Whenever the character and location of 
plumbing, drainage, water supply, sewers and disposal of sewage, garbage, or 
other waste materials of cities, towns and villages, offensive trades, hotels and 
labor camps; and the ventilation, warming, natural lighting and excreta disposal 
in public utilities, in public halls, churches, school houses, workshops, prisons 
and all other public institutions, are such as to endanger the public health, the 
public health council shall have power to make and enforce rules regulating the 
■same. * * * 

Sec. 4. Control of Tuberculosis Sanitarium. The state department of 
health shall have the advisory medical supervision of the state tuberculosis 
■sanitarium, and the state board of control shall have the control of the business 
and fiscal affairs thereof. The director of the division of preventable diseases 
under the supervision of the commissioner of health, shall encourage measures for 
the suppression of tuberculosis, such as clinics, camps, open-air schools, sanitaria, 
district nursing, anti-tiberculosis societies, diffusion of knowledge, and other 
means. 

STATE COMPENSATION ACT 

(Being Section 9 of Chapter 17, Acts of the Legislature of nineteen hundred 
■nineteen, regular session. By the provisions of this act boards of education may 
■in behalf of their employees, take advantage of the State Compensation law. 
Full particulars may be obtained by communicating with the State Compen- 
sation Commission, Charleston.) 

Sec. 9. All persons, firms, associations and corporations regularly employing 
other persons for the purpose of carrying on any form of industry or business in 
this State, county and municipal corporations, the State of West Virginia, and 
all governmental agencies or departments created by it, are employers within the 
meaning of this act, and subject to its provisions. All persons in the service of 
•employers as herein defined and employed by them for the purpose of carrying 
•on the industry, business or work in which they are engaged, and check weighmen 
as provided for in chapter twenty, acts of one thousand nine hundred and eleven, 
are employees within the meaning of this act and subject to its provisions, pro- 
vided that the act shall not apply to employers of employees in domestic or agri- 
cultural service, persons prohibited by law from being employed, traveling sales- 
men, to employees of any employer while employed without the State; nor 
-shall a member of a firm of employers, or any officer of an association, or of a 
.corporation employer, including managers, superintendents, assistant managers 



90 School Law of West Vibginia 

and assistant superintendents, any elective official of the State, county or muni- 
cipal corporation be deemed an employee within the meaning of this act. 

The premiums and all expenses in connection with the election of the govern- 
mental agencies and departments of the State of West Virginia shall be paid out 
of the state treasury out of the appropriations made for such agencies and de- 
partments, in the same manner as other disbiu'sements are made by such agencies 
and departments. 

Municipal corporations shall pro\dde for the funds to pay their prescribed 
premiums into the fund, and said premiums and premiums of state agencies and 
departments shall be paid into the fund in the same manner as herein provided 
for other employers subject to this act. 

Any employer whose employment in this State is to be for a definite or limited 
period, which could not be considered "regularly employing" within the meaning 
of this act, may elect to pay into the workmen's compensation fund the premiums 
herein provided for, and at the time of making application to the commissioner, 
such employer shall furnish statement under oath showing the probable length 
of time the employment wiU continue in this State, the character of the work, 
an estimate of the monthly payroll, and any other information which may be 
required by the commissioner. At the time of making application such employer 
shall deposit -^-ith the state compensation commissioner to the credit of the 
workmen's compensation fund the amount required by section twenty-four of 
this act, which amount shall be returned to such employer if his application be 
rejected by the commissioner. Upon notice to such employer of the acceptance 
of his appUcation by the commissioner, he shall be an employer within the mean- 
ing of this act, and subject to all of its provisions. 

Any foreign corporation employer electing to comply vdih the provisions of 
this act and to receive the benefits hereunder, shall at the time of making appUca- 
tion to the commissioner, in addition to the other requirements of this act, furnish 
such commissioner with a certificate from the secretary of state showing that it 
has comphed with all the requirements necessary to enable it to legally do busmess 
in this State, and no apphcation of such foreign corporation employer shall be 
accepted by the commissioner until such certificate is filed. 

For the purpose of this act a mine shall be adjudicated within this State when 
the main opening, drift, shaft or slope is located whoUy within this State. 

Any employee within the meaning of this act whose employment necessitates 
his temporary absence from this State in connection with such employment and 
such absence is directly incidental to carrymg on an industrjr in this State who 
shall have received injury during such absence in the course of and resulting from 
his emplojonent, shall not be denied the right to participate in the workmen's 
compensation fund. 

An independent contractor who sub-lets any portion of his contract shall be 
considered the employer of the employees of any sub-contractor and shall carry 
on his payroll the names of such sub-contractor's employees and pay the pre- 
scribed premium on their wages durmg the period such employees are working 
under his contract. 



School Law of West ViSGiroiL 



THE CHILD LABOR LAW 

(Being chapter 131 of the Acts of the Legislature of nineteen hundred nineteen^ 
regular session.) 

Section 1. That no child under fourteen years of age shall be employed, per- 
mitted or suffered to work in, about, or in connection with any gainful occupation 
except agriculture or domestic service; provided that boys twelve years of age 
or over may be employed in mercantile establishments and business offices outside 
of school hours provided that they obtain a special work permit from the school 
authorities as hereinafter provided. 

That it shall be unlawful for any person, firm or corporation to employ, permit, 
or suffer any child under fourteen years of age to work in any business or service 
whatever during any of the hours when the public schools of the school district 
in which the child resides are in session. 

Sec. 2. • That no child under the age of sixteen years shall be employed, per- 
mitted, or suffered to work in any occupation dangerous to the life or limb, or 
injurious to the health or morals of such child. The state commissioner of labor, 
the state commissioner of health, or the state superintendent of free schools- 
may from time to time, after hearing duly had, determine whether or not any 
particular trade, process of manufacture, or occupation in which the employ- 
ment of children under the age of sixteen years is not already forbidden by law, 
or any particular method of carrying on such trade, process of manufacture, or 
occupation, is sufficiently dangerous to the lives or limbs or injurious to the 
health or morals of children under sixteen years of age to justify their exclusion 
therefrom. No child under sixteen years of age shall be employed, permitted or 
suffered to work in occupation thus determined to be dangerous or injurious to 
such children. There shall be a right of appeal to the supreme court of appeals- 
from any such determination. 

No child under the age of sixteen years shall be employed, permitted, or suffered 
to work in any mine, quarry, tunnel or excavation. No child under the age of 
sixteen years shall be apprenticed, given away, let our, or otherwise disposed of 
to any person or company to engage in the occupation or service of rope or wire 
walker, gymnast, contortionist, circus rider, acrobat or clown, nor in any in- 
decent, obscene or immoral exhibition or practice; and it shall be unlawful for 
any person, firm or corporation, to take, receive or employ such child for any of 
the purposes or occupations mentioned in this paragraph. 

Sec. 3. That no child between the ages of fourteen and sixteen years shall be 
employed, permitted, or suffered to work in any gainful occupation, unless 
the person, firm or corporation by whom such child is employed, permitted, 
or suffered to work, obtains and keeps on file and accessible to officers charged 
with the enforcement of this act, a work permit issued by the superintendent of 
schools of the city or county in which such child resides, or person authorized 
by him in writing. The superintendent of schools or person authorized by him 
in writing shall issue such work permit only upon receipt of the following docu- 
ments: 

Proof of Prospective Employment 

A written statement signed by the person for whom the child expects to work^ 



92 School Law of West Vieginia 

that he intends legally to employ such child and agrees to return the work permit 
to the issuing officer within two days of the termination of such child's employ- 
ment. 

Proof of Age 

(a) A birth certificate or attested transcript thereof issued by a registrar of 
-vital statistics or other officer charged with the duty of recording births. 

(b) Or a record of baptism or a certificate or attested transcript thereof 
•3ho^^ing the date of birth and place of baptism of the child. 

(c) Or a bona fide contemporary record of the date and place of the child's 
birth kept in the Bible in which the records of the births of the family of the 
^hild are preserved, or other documentary evidence approved by the state com- 
missioner of labor, such as a passport showing the age of the chUd, a certificate of 
arrival in the United States issued by the United States immigration officers and 
rshowing the age of the child, or a life insurance policy; provided, that such other 
■satisfactory documentary' e\idence has been in existence at least one year prior 
to the time it is offered in e\idence; and provided, further, that a school 
record or parent's, guardian's or custodian's affidavit, certificate, or other written 
-statement of age alone shall not be accepted. 

(d) A certificate signed by the pubhc health physician or a pubhc school 
physician specifying wiiat in the opinion of such physician is the physical age of 
the child; such certificate shall show the height and weight of the child and other 
■facts concerning its physical development revealed by examination and upon 
-which the opinion of the physician as to the physical age of the chUd is based. 

In determining such physical age the physician shall require that the school 
jecord or the school census record showing the child's age be submitted as sup- 
plementary evidence. 

The issuing officer shall require first the proof specified in sub-division (a) 
and shall not accept the proof designated in any subsequent sub-division until 
he shall have been cominced that the proof specified in the preceding sub-division 
■ cannot be obtained. 

% 

Proof of Schooling 

A certificate signed by the principal of the school last attended showing that 

- the child can read and write correctly simple sentences in the Enghsh language 
and that he has satisfactorily completed the studies covered in the first six yearly 
grades of the elementary public schools, or their equivalent; in case such cer- 
tificate cannot be obtained, then the officer issuing the work permit shall examine 

-such child to determine whether he can meet the educational standard specified 

- and shall file in his office a statement setting forth the result of such examination. 

Proof of Physical Fitness 

A certificate signed by a medical inspector of schools or public health officer 
stating that the child has been examined by him and in his openion has reached 
the normal development of a child of its age, and is in sound health and physically 
.-able to be employed in the occupation in which the child intends to engage. 



School Law of West Virginia OS- 

Provided, that the superintendent of schools, or person authorized by him 
in writing shall have authority and is hereby empowered to issue a vacation work 
permit to children fourteen years of age or over without requiring a statement 
that the child has completed the sixth grade of the elementary course of study, 
or its equivalent, as hereinbefore provided. Such vacation work permit shall be 
different in form and color from the regular work permit and shall be valid only 
during the time when the public schools of the district in which the child resides 
are not in session. Every vacation work permit shall be null and void on the day 
the public schools open for regular session. Provided, further, that the super- 
intendent of schools or person authorized by him in writing shall have authority 
and is hereby empowered to issue a special work permit to any boy twelve years 
of age or over to work in business offices and mercantile establishments outside 
of school hours without requiring a statement that he has completed any school 
grade whatsoever. 

Sec. 4. That the work permit mentioned in the foregoing section shall set 
forth the full name, the date and place of birth of the child with the name and 
address of his parent, guardian, or custodian and shall certify that the child has 
appeared before the officer issuing the permit and submitted the proofs of age, 
physical fitness, schooling and prospective employment required in the fore- 
going section. Printed forms for these permits and certificates shall be pre- 
pared and furnished by the state commissioner of labor to the superintendent of 
schools in the cities and counties of the State. A copy of each permit issued shall 
be forwarded to the state commissioner of labor within four days of its issuance 
and there shall be kept in the office of the issuing officer a record of all permits 
granted and of all applications denied as well as all certificates of age, schooling,, 
physical fitness and prospective employment submitted by the applicants for 
permits. The state commissioner of labor may at any time revoke a permit if 
in his judgment it was improperly issued and for this purpose he is authorized to 
investigate into the true age of any child employed to hear evidence and to- 
require the production of relevant books or documents; if the permit be revoked 
the issuing officer and the person employing the child at the time shall be notified 
of such action, and the child shall not thereafter be employed or permitted to. 
labor until a new permit has been legally obtained. 

Sec. 5. That upon the request of any employer who is desirous of employing^ 
a child who represents his or her age to be sixteen years or over, the local officer 
charged with the issuance of work permits shall require of such child the proof 
of age specified in section three of this act and upon receipt thereof if it be found 
that the child is actually sixteen years of age or over, shall issue to such employer 
a certificate showing the age and date and place of birth of such child. Such age 
certificate when filed in the office of the employer shall be accepted by the officer 
charged \\'ith the enforcement of this act as evidence of the age of the child ini 
whose name it was issued. Any officer charged with the enforcement of this act 
may inquire into the true age of a child apparently under the age of sixteen years, 
who is employed, permitted or suffered to work in any gainful occupation and 
for whom no work permit or age certificate is on file and if the age of such child 
be found to be actually under sixteen years the presence of such child in such 
establishment shall be deemed a violation of the provisions of this act. The state- 
commissioner of labor may at any time revoke any such age certificate if in his 
judgment it was improperly issued and for this purpose he is authorized to inves- 



S4 School La.w of West Vibginia 

tigate into the true age of any child employed as in the case of work permits. 
The issuance of work permits and of age certificates shall be under the super- 
vision of the state superintendent of free schools, who shall seek at all times to 
•standardize this work. 

Sec. 6. That no child under the age of sixteen years shall be employed, per- 
mitted or suffered to work in, about or in connection with any gainful occupation 
■except agriculture or domestic service for more than six days in any one week, 
nor more than forty-eight hours in any week, nor more than eight hours in any 
•one day; nor before the hour of six o'clock in the morning, nor after the hour of 
«even o'clock in the evening of any day. Every employer shall post and keep 
posted in a conspicuous place in every room where any child between the ages of 
fourteen and sixteen years is employed, permitted or suffered to work, a printed 
notice setting forth the maximum number of hours such person may be required 
•or permitted to work each day of the week, the hours beginning and ending 
work each day and the time allowed for meals; the printed form of such notice 
shall be furnished by the state commissioner of labor and the employment of 
such child for a longer time in any day than so stated or at any time other than 
as stated in said printed notice, shall be deemed a violation of the provisions of 
this section. 

Sec. 7. That it shall be the duty of the state commissioner of labor, his assist- 
ants, factory inspectors, school truancy officers and accredited agent of the 
"humane society, to enforce the provisions of this act; provided, however, that 
the provisions relating to the employment of children in mines shall be enforced 
by the state department of mines, said department to make complaint against 
any person, firm or corporation, violating any of the provisions of this act, and 
to prosecute the same before any magistrate or court of competent jurisdiction. 

Sec. 8. That any person or agent or representative of any firm or corporation, 
■who violates any of the provisions of this act, or any parent, guardian, or custodian 
of any child who permits or suffers such child to work in violation of any of the 
provisions of this act, or any superintendent of county or city schools who illegally 
issues a work permit to a child, or any person who furnishes false evidence in 
reference to the age or birthplace or educational qualifications of a child, shall 
for a first offense be punished by a fine of not less than twenty dollars or more than 
fifty dollars; for a second offense by a fine of not less than fifty dollars or more 
than two hundred dollars, or by imprisonment for not more than thirty days or 
by both such fine or imprisonment; for a third or subsequent offense by a fine of 
not less than two hundred dollars or by imprisonment for not more than sixty 
days or by both such fine and imprisonment. 

Sec. 9. That sections twenty-four (insofar as it relates to the employment of 
■children) twenty-five, seventy-one, seventy-two, seventy-three and seventy- 
four, chapter fifteen-h and section sixteen-d (two) chapter one hundred and 
forty-four, code one thousand nine hundred and sixteen, and all acts or part of 
acts inconsistent herewith are hereby repealed. 



APPENDIX 



SCHOOL CALENDAR 

July 

1. School year begins. 

(On or before) Sheriff settles with County Financial Secretary. (Before) 

Sheriff reports delinquent property. 
1st Monday. — ^Board of Education meets to employ teachers and to fix 

salaries, etc. 
4. Independence day. Legal Holiday. 
3rd Monday. — (or as soon thereafter as practicable) Trustees meet to employ 

teachers. 
20. (On or before) Auditor notified State Superintendent of the amount of 

the General School Fund. 

August 

1. (On or before) County Superintendent makes report to State Super- 
intendent. 

2nd Tuesday. — ^Board of Education meets to ascertain the condition of the 
fiscal affairs of the district and to make up an itemized statement thereof. 

2nd Tuesday. — (On or before) Assessor certifies value of property to Secretary 
of Board and County Superintendent. 

4th Tuesday. — Board meets to consider objections to estimate and pro- 
posed le\^ and to lay levy. 

4th Tuesday. — (Within three days after) Secretaiy reports rate of levy. 

September 

1. (Before) Auditor reports condition of School Fund to the Governor and 

the State Superintendent. 
1st Monday — Labor Day. 

October 

1. (On or before) High School Aid Fund apportioned. 
12. Columbus Day^ — ^Not legal holiday. Schools should study Columbus. 

November 

Last Thursday. — ^Thanksgiving Day. Legal Holiday. 

December 

25. Christmas — ^Legal Holiday. 

January 

1. New Year's Day. 

(On or before) State Superintendent makes report to Governor. 



98 School Law of West Vieginia. 

February 

12. Lincoln's Birthday. — ^Not holiday. — Schools shovdd study Lincoln. 
22. Washington's Birthday — Schools shall be open and appropriate exercises 
held. 

April 

1. (On or before) Teachers take enumeration. 

15. (On or before) Secretary transmits summary of enumeration to County 
Superintendent. 

May 

1. (On or before) Governor appoints member of State Board of Education. 
1. (On or before) County Superintendent forwards to State Superintendent 
report of enimieration. 
30. Memorial Day. 

June 

30. School year ends. 

FORMS AND INSTRUCTIONS 

Order of Proceedings at the First, Second and Third Annual Meetings 

of the Board 

First Meeting — First Monday in July 

1. Appoint a secretary. 

2. May appoint trustee for each sub-district. 

3. Determine the number of months the schools shall be taught in the district 
during the school year. 

4. Employ teachers. 

5. Fix the salaries of teachers according to the grade of certificate. 

6. Estimate the number of teachers of each grade that will be employed. 

7. Ascertain the whole number of months to be taught in the district by 
teachers of each grade. 

8. May estabhsh graded schools, change boundaries of sub-districts and 
provide for the erection of new buildings. 

9. Appoint attendance officer. 

Second Meeting — Second Tuesday in August 

At this meetmg the Board shall ascertain the condition of the fiscal affairs of 
the district and make up an itemized statement thereof setting forth: 

1. The separate amounts due the building fund and the teachers' fund from 
all sources or to become due these funds within the current fiscal year. 

2. All debts and demands upon both funds owed by the district or to become 
due and payable within the current year. 

3. All other expenditures to be made and payable out of each fund within 
the current fiscal year. 



School Law of West Vieginia 99 

4. The separate amounts necessary- to be raised for each fund and the pro- 
posed rates of levy. 

5. The aggregate value of all taxable property in the district, stating sepa- 
rately the assessed value of real estate, personal property and property assessed 

by the Board of Public Works. 

A copy of the above statement shall he prepared and certified for pubUcation 
as required by Section 3, School Levies and School Funds. The Board shall 
then stand adjourned until the fourth Tuesday in August. 

Third Meeting — Fourth Tuesday in August 

The Board shall at this meeting trarsEct the following business: 
1. '-Hea.r and consider any objections made to their estimate and proposed 
1 evy. 

2. Enter an order of record showing the objections made and the reasons 
for the same. 

3. Reconsider the original estimate and proposed rate of levy and correct 
the same if the objections appear to be well taken. 

4. Enter of record the corrections made. 

5. Lay the levy. 

The following calculations will be convenient for reference in making levies 
for school purposes: 

Number of teachers to be employed in the district 20 

Number of months to be taught during the year 6 

Amount of money to pay all teachers (estimated) $7,200 

This estimate is made as follows: 

5 No. 1 grade teachers at $75 per month $ 375 

10 No. 2 grade teachers at $60 per month 600 

5 No. 3 grade teachers at $45 per month '. . 225 

Monthly pay $1,200 

Number of months 6 

Total for term '. $7,200 

Deduct amount on hand (est.) 170 

Amount to be raised for teachers' fund " $7,030 

To ascertain the number of cents to be levied on every one hundred dollars' 
valuation of property in the district to raise $7,030 by taxation, suppose the 
whole valuation in the district to be $1,850,000. 

Rule — Drop the cents, if any, and add four ciphers to the amount in dollars 



100 School Law of West Virginia 

to be raised by the \e\y, and dmde by the amount in dollars taxable property. 
Example: 1,850,000)7,030,000,0(38 cents* 
5,550,000 



1,480,000,0 
1,480,000,0 



Similar calculations should be made in relation to the maintenance building 
fund. 

FORM NO. I 

Form of Orders to Be Entered of Record by the Board of Education 

Office of the Board of Education * 

District, in the CorNT\' of 

West VmoiNiA. 

At a meeting of the Board of Education held on the day of 

19 , there were present, president, and and 

members of the board. 

On motion of , it is ordered that be, and he is hereby 

appointed Secretary of this Board. 

On motion it is ordered that the follo^^ing named persons be appointed trustees 
in the foUo\^Tng named sub-districts, for a term of one or three years, and until 
their successors are appointed and qualified : 

Trustee for Sub-District No. 1 



Trustee for Sub-District No. 2 



On motion of , it is ordered that the salaries of teachers per 

month for the school year, shall be as follows, according to the grade of their 

certificates: For Normal School (Diploma) certificate,** $ ; for grade 

No. 1, $ ; for grade No. 2, S ; for grade No. 3, $ 

It is found by the board that in addition to the available funds now on hand, 

$ will be necessary for the pa^Tnent of teachers' salaries for the current 

year, and on motion of , it is ordered that a tax of cents on 

the one hundred dollars' valuation of the real estate and personal property of the 
district-«be le\ded for that purpose. 

(A similar order should be entered in relation to the levy for building fund.) 

On motion of , it is ordered that the president and secretary of 

this board be authorized to sign, in vacation, all proper orders for the payment 
of money out of the teachers' fund or the building fund, for the salaries of teachers 

*If the rate exceeds 40c for the teachers' fund or 10c for the maintenance building fund, appli- 
cation should be made to the State Superintendent for supplementarj' aid. 

**Boards may at their discretion fix a higher rate for such certificates. 



School Law of West Vieginia. 101 

employed and claims allowed by the board, and that they report the orders 
drawn on each fund, at the next meeting of this board. 

The secretary of this board made a report this day for the several orders drawn 
by him and the president, on the teachers' fund and the building fund, respectively, 
since the last meeting of the board, as follows: An order on the teachers' fund, 

in favor of , a teacher, for $ ; an order in favor of , 

a teacher, for $ ; also an order on the building fund, in favor of 

for work done on school house, for $ ; and an order, in favor 

of for furnishing wood for school house for $ 

On motion of , it is ordered that when in the opinion of the presi- 
dent or of the two commissioners it is deemed necessary, the president or secre- 
tary may call a special meeting of this board. 

On motion the board does now adjourn. 

Secretary President 



FORM NO. II 
Order of Appointment to Fill a Vacancy in the Beard of Trustees 

[To be entered in records of the board.] 

There being a vacancy in the board of trustees in sub-district No , 

in the district of , on motion of , it is ordered that 

be, and he is hereby appointed to fill said vacancy for the unexpired 

term, and till his successor shall be appointed and qualified. 

Note — This order of appointment should be entered in the record book of the board of educa- 
tion at a regular meeting and a copy of it signed by the secretary of the board served upon the 
appointee. 



FORM NO. Ill 
Appointment of a Member of the Board cf Education to Fill a Vacancy 

Office of County Superintendent, 

OF THE County of 

, "West Virginia , 19 . . '. . 

It having been made known to me that there is a vacancy in the board of edu- 
cation in district in my said county, I , 

county superintendent of said county, in pursuance of the authority vested in 

me by law, hereby appoint to fill the vacancy in said board until 

the next general election. 

, County Superintendent 



102 School Law of West Vieginia 

FORM NO. IV 

Call for Special Meeting 

Office of ) 

District, ) 

County, W. Va. ) 

,19.... 

It appearing to that a special meeting of the board of education 

of said district is necessary to transact business relating to and 

other matters, a meeting is hereby called at at 

o'clock M, 19 You are requested to be present. 

Secretary 

To ' 



INDEX 



Sec. Page 

Accounts: 

Elxpense: 

advisory council 

for attending conferences. 

state board of education _ 

state superintendent of schools. 

supervisor of colored schools. 

trustees. 

teachers' institute.„ 

uniform examination fees. 



Acts: 



abolishing the common drinking-cup. „. 

child labor. 

extension of term in normal-training high schools. 

prohibiting the use of cigarettes. 

public libraries. , 

school code. 

school levies and school funds. 

state board of control 

state compensation act. 

state department of health 



Additional: 

fund purposes. _ 

levy for elementary and high schools. _ _ 

salary for teachers _ 

term of school _ 



Age: 



birth certificate may be required by attendance officer- 
children admitted to kindergarten schools 

compulsory attendance. _ 

children under fourteen not to be employed 

deaf and blind, compulsory attendance. 

employed children shall attend evening schools. 

enumeration of youths between six and twenty-one^ 

legal school 

proof, required in the employment of children 

teacher's minimum , 

unemployed children under sixteen shall attend school.. 



Appeal: 

county superintendent concerning transfer of pupils. 

supreme court concerning use of school funds 



Applicants : 

coupons of credit: 

elementary certificates. 

emergency certificateSw 

high school certificates.. 



37 


19 


5 


10 


17 


15 


25 


17 


53 


24 


118 


45 


100 


39 




87 




91-94 




77 




88 




85-87 




9-68 




69-76 




78-85 




89-90 




88-89 


9 


73 


5d 


71 


55 


25 


54 


25 


123 


47 


60 


29 


122 


46 


1 


91 


130 


49 


129 


49 


91-92 


38 


54 


25 


3a^ 


92 


96 


38 


128 


48 


59 


29 


12 


75 


121 


45 


104 


40 


109 


42 


105 


41 



104 INDEX 



renewal of certificates 

short-course certificates 

special certificates.- 

teacher's certificates, general requirements.. 



Sec. 



Appointment : 

advisory council for colored schools 

assistants for conducting examinations.-. 

assistants to state superintendent 

attendance officers 

district supervisors , 

medical inspectors and school nurses 

members state board of control 

members state board of education.. 

secretary district board of education 

secretary state board of education 

teachers 

trustees.- 

uniform examination graders 

vacancies in district board of education- 
Assessor: 

certificate of valuation of property. 

penalty for failure to perform duty 



Attendance: 

district institute 

compulsory _ 1 22- 1 30 

county institute 

officer 

Auditor: 

general school fund, amount reported by. 

inmates of industrial school listed by 

institute fees sent to - 

rei>ort of state board of control to.- 

schools, deaf and blind, expense for clothing 

uniform examination fees sent to._ - - 





Page 


III 


43 


107 


42 


108 


42 


96 


38 


5 


10 


99 


39 


25 


17 


123 


47 


56 


26 


64 


30 


1 


78 


4 


9 


69 


31 


6 


II 


57 


27 


53 


24 


102 


40 


43 


21 


72 


32 


74 


32 


120 


45 


130 


46 


114 


44 


123 


47 


7 


72 


169 


60 


119 


45 


182 


63 


154 


57 


100 


39 



Authority: 

board of education: 

to appoint trustees 

to appoint district supervisors 

to provide kindergartens 

to purchase flags 

to establish teachers' retirement fund.- 

to close schools for lack of attendance.. 

to discontinue high schools 

teacher's. 



Ballot: 

bonded indebtedness 

secretary to prepare and furnish.- 
vote on increasing levy 



Blanks and Forms : 

child labor permits and certificates 

furnished by state superintendent 

preparation of forms for levies 

teachers' reports 

Used by boards of education (Appendix) 



53 


24 


56 


26 


60 


29 


63 


30 


66 


31 


58 


28 


84 


36 


87 


36 


9c 


73 


10 


74 


5d 


69 


4 


93 


19 


- 15 


13 


76 


87 


37 


tdix) 


100 



INDEX 105 



Sec. Page 

Boards : 

abolished 16 15 

county and district high school 78 33 

district board of education 41-68 21 

school fund, constitutional provision XII. 4 5 

state board of control _. 1-16 78 

state board of education 4-16 9 

state board of health 1-4 88 

Bond: 

contractors, repair of school houses._ 52 24 

county suf>erintendent of schools._ 31 |7 

members state board of control 1 78 

publishers of text books lib 13 

Bonds: 

bonded indebtedness, constitutional provision X, 8 4 

outstanding bonded indebtedness. 9 b 73 

sinking fund to pay bonded indebtedness 9 b & c 73 

voting of 183 64 

Books: 

free text 65 30 

public libraries (See public Iibraries)._ 1-9 85 

school libraries 62 29 

school text, adoption (See text books, also) II 12 

Branches: 

elementary certificates examination 104 40 

normal school 147 53 

Building Fund: 

building, furniture, equipment, and repairs. 50 23 

expenses of trustees to be paid out of 53 24 

janitors to be paid out of 53 24 

levy for elementary schools. 5 71 

levy for high schools 5 71 

oil and gas rental to be credited to _ _ 48 22 

proceeds for sale of school property added to 48 22 

teacher's expenses for transportation of free text books 65 • 30 

Buildings: 

district high school.... 78 33 

dormitories for high schools '... 83 3S~ 

janitors for._ 53 24 

joint district or county 79 33 

plans to be approved 10 12 

repair and equipment of. . 50 23 

school houses 50 23 

Certificates: 

credit for grades made in school 110 43 

emergency 109 42 

elementary 104 40 

high school— 1 05 41 

life. Ill 43 

normal school 1 04 41 

renewal of. Ill 43 

revocation of 112 44 

special.- 1 108 42 

supervisors 106 42 



106 



INDEX 



Sec. 
Child Labor Law: 

age certificates. 5 

children under fourteen not to be employed I 

children under sixteen not to be employed in dangerous occupations 2 

enforcement of the child labor law 7 

inconsistent acts repealed 9 

maximum number hours children may be required to work. 6 

penalties. 8 

work permits and proof of prospective employment, age, schooling, 

and physical fitness required 3 

Cigarettes: 

use prohibited on school property „ 2, 4 

Clerk of County Court: 

certify to name and bond of county superintendent '. 3 1 

keep a record of settlement with sheriff 190 

rate of levies to be reported to._ 6 

Colored : 

institute, Bluefield 1 5 1 

institute. Collegiate 150 

members of advisory council 5 

schools 67 

state sui>ervisor._ 25 

youth not to be taught with white (constitutional pr.) XII, 8- 

Compensation : 

advisory council 5 

assistants in uniform examination 99 

attendance officer. 123 

county superintendent of schools._ 33 

county financial secretary 38 

district board of education _ 45 

institute attendance 1 1 4 

institute instructors. _ 1 1 7 

janitors 53 

school librarian 62 

secretary to state board of education 6 

state board of education 5 

teachers. 55 

state superintendent of schools 17 

supervisor of colored schools 25 

Compulsory Attendance: 

age, time, misdemeanor _ 1 22 

aiding or abetting violation of 1 26 

attendance officer — duties. T23 

deaf and blind 1 30 

excused for attendance for 122 a-i 

fine against parent or guardian 122 

fines colloected 127 

fine for neglect of duty _ 125 

part time schools for employed children between 14-16 years 129 

secretary to furnish enumeration list 124 

unemployed children 14-16 shall attend school ; 128 

Contracts: 

breaking of._ 57 

school building and repairs 50-52 

teachers 86 

text books. 1 1 



Page 

93 
91 
91 
94 
94 
94 
94 

91 



88 



17 
66 
71 



56 
55 
10 
31 
17 
6 



10 
39 
47 
18 
19 
21 
44 
45 
25 
29 
11 
10 
25 
15 
17 



46 
48 
47 
49 
46 
47 
48 
48 
49 
48 
48 



27 
23 
36 
12 



INDEX 107 

Sec. Page 
County Superintendent of Schools : 

compensation 33 Ig 

election, qualification, oath, bond 31 17 

may hold conference 37 19 

shall be chief executive officer. 35 19 

shall be county financial secretary. 38 19 

shall exercise other authority. 40 20 

shall make annual report 39 20 

shall visit schools 36 19 

vacancy, how filled.. 32 18 

Courses of Study: 

publication of. 23 1 6 

reading circle. ,121 35 

schools supported by state funds. 9 12 

state normals.. 1 56 57 

Credit: 

coupons for professional work 121 45 

grades made in school 110 43 

sheriff's accounts. 1 88 66 

Deaf and Blind : 

Compulsory education. 1 30 49 

West Virginia Schools for the Deaf and the Blind 152 56 

admission 153 56 

clothing 154 57 

compensation for registration. 1 58 58 

course of instruction 1 56 57 

registration 157 57 

Debt: 

constitutional provision for. X, 7 4 

officials not to incur 12 75 

sinking fund to discharge 9 b 73 

Definitions : 

school, district, teachers. I 9 

school district * 2 9 

school year._ 3 9 

Dental and Medical Clinics : 

board of education may provide for 50 23 

District: 

constitutional provision for change XII, 6 6 

definition of 1 9 

high school 78-79 33 

how laid off. VIII. 27 3 

independent, how created XII, 10 6 

institutes. 120 45 

sub-divisions of 3 9 

supervisor. 56 26 

duties. 56 26 

may be appointed jointly by two or more districts. 56 26 

qualifications 56 26 

term of employment 56 26 

District Board of Education : 

bond required from contractors 52 24 

evening schools and other school extension activities 61 29 

free text-books 65 30 



108 INDEX 



Sec. Pace 

how constituted — election — term 41 21 

may apf>oint district supervisor 56 26 

penalty -.- 74 32 

report 75 32 

report rate of levy — - 73 32 

salary 76 33 

may provide kindergarten 60 29 

medical inspection and school nurses ._ 64 30 

meetings, quorum, compensation-. 45 21 

minimum salaries for teachers — board may increase 55 25 

minimum school term — board may extend the same 54 25 

oath of office 44 21 

other duties. 68 3 1 

school land._ 47 22 

shall appoint teachers 57 27 

shall have general control 58 28 

school property may be sold._ 48 22 

secretary 69-77 31 

abstract of proceeding 70 32 

administer oaths _ 71 32 

assessor's certificate 72 32 

general duties 69 3 1 

other duties 77 33 

penalty 74 32 

report. 75 32 

report, rate of levy.... 73 32 

salary 76 33 

shall provide school sites._ 49 23 

shall provide buildings, furniture, and equipment 50 23 

shall provide school libraries 62 29 

shall provide schools for colored pupils 67 31 

tie in the vote 42 21 

transfer of pupils — tuition 59 28 

the district board a corporation. 46 22 

vacancy, how filled._ 43 21 

Drinking Cup: 

use of common drinking cup prohibited; penalties I 87 

Duties : 

attendance officer _.. 1 23 47 

county superintendent 35-40 1 9 

district board of education 46-68 22 

district supervisor.- 56 26 

secretary of district board of education 69-77 31 

sheriffs, as to school funds 185-193 65 

state board of control 9-18 81 

state board of education 7-15 11 

state superintendent 1 8-26 1 5 

teachers 86-95 36 

Election : 

ballot of levies.- 10 74 

county superintendent of schools 31 17 

district board of education 41 21 

tie in the vote 42 21 

district high school 78 33 

joint or county high school 79 33 

school, how held 184 65 

state superintendent of schools _ 17 15 



INDEX 109 



Sec. Page 

Elementary: 

certificates - 104 40 

diplomas. - J 23 16 

Emergency Certificates: 

under regulation of state board of education 109 42 

Employment: 

assistants for conducting examination 99 39 

assistants, state superintendent 25 17 

attendance officers. 1 23 47 

children (see Child Labor Act)... 1-9 91 

clerical assistants, state board of control 8 oO 

employees of state educational institutions. 7 1 1 

medical inspectors and school nurses. 64 30 

supervisors. 56 26 

teachers 57 27 

Enumeration : 

by whom taken.__ 91-93 38 

copy with names of attendance officers for teachers 1 24 48 

deaf and blind 130 49 

manner of taking and reporting 92 38 

record and report of 94 38 

Examination : 

assistants for 99 39 

elementary certificates 1 04 40 

expenses of.. 98 39 

fees collected 1 00 39 

grading of manuscripts 1 02 40 

high school certificates 105 41 

penalties for fraud _ 103 40 

renewal Ill 43 

special certificates.. 1 09 42 

supervisor's certificates. 1 06 42 

time and place of holding 97 39 

transmitting questions and manuscripts. 101 39 

Excuse: 

compulsory attendance 1 22 46 

institute attendance 114 44 

Expenses : 

advisory council 5 10 

board of education, supervisors, and principals for attending con- 
ferences. 37 19 

examinations. 98 39 

a state board of education 5 10 

state department of schools, general school fund 7 72 

state superintendent of schools 17 15 

state board of control : 2 79 

supervisor of colored schools 25 17 

teachers' institute, to be read.. -. 118 45 

trustees.. 53 24 

Experiment Station: 

West Virginia University 144 53 

Expulsion : 

board of education may expel pupils 87 37 

Pupils having contagious diseases shall be excluded from school 87 37 



no INDEX 

Sec. Page 

Extension : 

department of university 

minimum term — _ _ 

schools - — _ 



Fees: 

institute _ 

renewal of certificates 

tuition: 

elementary schools.- 
high schools 

uniform examination 



Financial Secretary, County: 

county superintendent to be., 
sheriff to settle with 



Fines : 

aiding or abetting violation of compulsory attendance. 

collection of _ „ _ 

compulsory education for the deaf and blind 

destruction of school property _ 

financial secretary for failure to make report. 

fraud in examinations 

school officers for neglecting to enforce compulsory attendance.. 

use of cigarettes 

use of common drinking cup 



139 


51 


54 


25 


61 


29 


118 


45 




77 


59 


28 


81 


35 


100 


39 


38 


19 


187 


66 


126 


48 


127 


48 


130 


49 


8 


87 


39 


20 


103 


40 


125 


48 


2 .4 


88 


1 


87 



Fires: 

building of 53 ^^ 

Flags: 

board of education, may purcheise.. „ 63 ■'^ 

Forfeitures and Fines: 

to go to the general school fund 7 '■^ 

Forms and Blanks: 

child labor, state commissioner of labor „ 

levies, state tax commissioner 

school ; general statistics 

vocational education, state board of education 



4 


93 


13 


76 


19 


15 


133 


51 


65 


30 


65 


30 



Free Text Books: 

district board of education may provide 

regulation for distribution and care of books , 

Fund: _. 

additional purposes _ 9 " '•' 

building: 

for elementary schools - 

for high schools 

teachers: 

for elementary schools — 

for high schools 

general school fund. 

vocational (Smith-Hughes)._ 

Furniture: 

for school buildings to be provided by board 

for district and county high schools ~ 



5 


71 


5 


71 


5 


71 


5 


71 


7 


72 


131 


50 


50 


23 


78-79 


33 



INDEX 111 



Sec. Page 

General: 

school fund 7 72 

to be made up from what. 7 72 

use of 7 72 

constitutional amendment. XII, 4 6 

supervision of schools: 

consituutional provision XII, 12 6 

Girls' Home (See industrial home for girls): 

West Virginia Industrial 172-180 61 

Governor: 

advisory council, appointed by. 

biennial report of state superintendent to 

board of control appointed by 

state board of education appointed by 



Graded Schools : 

central, or consolidated schools 

may extend term 

principals to hold first grade certificates.. 



Grades: 

from accredited schools in lieu of examination.. 
of certificates. 



Graduates: 

Bluefield colored institute 

high school certificates granted to 

normal school certificates granted to.. 

short course certificate granted to 

state normal 

sui>ervisor's certificates granted to. 

West Virginia Collegiate Institute. 

West Virginia University 



Health: 

board may provide medical and dental clinics 

closing of schools on account of contagious diseases 

commissioners of health, powers and duties 

control of tuberculosis sanitarium 

inspectors and examiners, powers and duties. 

public health council _..^_^ 

pupils having contagious diseases shall be excluded 



High School: 

Additional funds 

certificates. 

classification 

county and district 

dormitories. 

junior. 

levy. 

may be discontinued 

normal training — state aid 

requirements for teachers' certificates. 

state aid 

text-books exempt from state adoption- 
tuition 



5 


10 


24 


16 


1 


78 


4 


9 


58 


28 


54 


25 


104 


41 


no 


43 


104 


40 


151 


56 


105 


41 


48 


22 


107 


42 


147 


53 


106 


42 


150 


55 


138 


51 


50 


23 


57 


27 


1,2 


88 


4 


89 


4 


88 


2 


89 


87 


37 


9 


73 


105 


41 


82 


35 


78-79 


33 


83 


36 


85 


36 


5 


71 


84 


36 


80 


34 


104 


40 


82 


35 


11 


12 


81 


45 



Holidays: 



112 INDEX 

Sec. Page 
Home for Girls (See Industrial Home for Girls) : 

West Virginia Industrial 172-180 61 

Houses (See buildings): 

school 50 23 

Improvement : 

legislature to encourage; constitutional provision XII, 12 6 

school buildings and repairs. 50 23 

Indebtedness: 

bonded, constitutional provision X, 8 4 

outstanding bonds t 9 b 73 

sinking fund to pay '. 9 b & c 73 

unlawfully incurred by board; penalty. 12 75 

Industrial School for Boys 159 58 

certification of list and credits to county court — levy compelling 

payment 1 70 61 

commitments.. 160 58 

commitment fees._ 1 64 59 

conveyances of youths to school — expenses 165 59 

convicts. 161 58 

date accompanying commitment 162 58 

list of inmates for auditor 169 60 

offenses 166 60 

payment by counties of cost of detention — reimbursement. 168 60 

parole 171 61 

proceedings for commitment !63 59 

transfers between school and penitentiary 1 67 60 

Industrial Home for Girls: 

admission 1 73 61 

binding out inmates as apprentices 1 77 62 

cruelty to apprentices 1 78 63 

date accompanying commitment — return and sentence 1 74 62 

jurisdiction of apprentices- — by circuit court — desertion 180 63 

name — location 172 61 

removal of apprentices- — escapes ' .-: 1 79 63 

separation of races 1 76 62 

trial on complaint.. 1 75 62 

Inspection : 

medical 64 30 

Institute: 

Bluefield Colored 151 56 

West Virginia Collegiate 150 55 

Institutes, Teachers: 

attendance 114 44 

certificate of attendance 115 45 

district 120 45 

enrollment fee 118 45 

instruction . 116 45 

pay of instructors 117 45 

reading circles— coupon of credit.... 121 45 

report to be made.. 119 45 

time and place of holding. 113 44 



INDEX 



113 



Janitors: 

appointment of._ 
compensation 



Joint: 



district high schools., 
schools 



Sec. 



Page. 



53 


24 


53 


24 


79 


3J 


51 


24 



Judgment: 

against sheriff for failure to pay orders.. 



192 



67 



Jury: 



teachers exempt from serving on.. 



88 



37 



Justices: 

to commit incorrigible boys to industrial school.. 

to remit fines to sheriff 

to try cases under compulsory attendance law. 



160 
127 
122 i 



5» 
48 
46 



Kindergarten : 

board may provide., 
certificates 



Lands : 



board may purchase.. 

condemned for educational purposes.. 

county superintendent to approve. 

may be sold by board of education 

title to school sites 



Laws: 



abolishing the common drinking cup 

child labor 

constitutional provisions. 

extension of term in normal training high schools.. 

prohibiting the use of cigarettes , 

public libraries 

school code. 

school levies and school fund 

state board of control 

state compensation act 

state department of health 



Legislature: 

free schools, to be provided for 

improvements, to emcourage 

levy, power of 

term of office to be prescribed by... 

Levy: 

additional 

constitutional provision for 

elementary schools 

high school 

meetings for laying.. 

secretary to report i. 

vore on, to extend school term , 

Libraries : 

board of education to provide 

pay of librarian 

public (see public libraries) 



60 
108 



49 
49 
49 
48 
47 



XII, 5 

XII, 12 

X, 5 

IV. 8 



9 
XII, 5, 7 
5 
5 
1 

6 
54 



62 
62 
1-9 



2^ 
42 



25 
23 
23 
22 
22 



87 

91-94 

3-6 

77 

88 

85-87 

9-68 

69-76 

78-85 

89-90 

88-89 



73 
6 
71 
71 
69 
71 
25 



29 
29 
85 



114 INDEX 



Sec. 
I.ife: 

certificates I 



Location : 

school buildings, to be approved-- 
school sites, to be approved 



Mandamus: 

board may be compelled to provide colored schools., 
school officers may be removed by 





Page 


III 


43 


50 


23 


49 


23 


67 


31 


12 


75 



Manual : 

course of study._ 


23 

5 

5a 
5b 
5c 

50 
64 
64 

45 

61 

5 

5 

41 

1 

4 

55 
54 

126 
166 

130 
123 
74 
103 
125 
8 

39 
125 

IV, 6 

150 

80 

147 


16 


Maximum Rate of Levy: 

high schools '. 


71 


maintenance building fund 


71 


new building fund 


71 


teachers' fund. _ _ 


71 


Medical: 

clinics ._ 

health certificates may be required of teachers 


23 
30 


inspection.. 


30 


Meetings : 

district board of education. .. _ 

may be held in school houses i 

state board of education., 


21 
29 
10 


Members: 

advisory council. 


10 


district board of education. 


21 


state board of control. 


78 


state board of education. _ 


9 


Minimum: 

salaries of teachers. 


25 


school term — may be extended. ; 


25 


aiding or abetting violation of compulsory attendance 

enticing youths away from the industrial schooL__ 

failure to cpmply with the compulsory attendance law for the deaf 
and blind. _ 


48 
60 

49 


failure to keep children in school 

failure to report teixable property and rate of levy. 


47 
32 




40 


neglect to enforce compulsory attendance law 


48 


violations of child labor act 


94 


Neglect of Duty: 


20 
48 




3 


colored teachers.__ . . 


55 


short course in high schools. 


34 


state. 


53 



INDEX 



115 



Sec. 



Notice: 

of attendance officer to parents 

of election for district high school... 
of meeting of board of education.... 

of school elections for levies 

of election for all school purposes... 



123 
78 
45 
(0 

184 



Page 

47 
33 
21 
74 
65 



Oath: 



county superintendent of schools.- 

district board of education 

secretary of board may administer. 

state board of control _ 

state board of education 



31 

44 
71 

! 

4 



17 
21 
32 
78 
9 



Objections: 

to estimate and proposed levy.. 
to sheriff's settlement 



5 
191 



69 
67 



Offense: 

compulsory attendance law._ 

compulsory attendance of deaf and blind.. 



Officers : 

fined for neglect of duty 

may be renjoved, constitutional provision 



122 
130 



125 
IV, 6 



46 
49 



48 
3 



Order: 



books to be kept by secretary 

for purchase of free text-books._ 

of proceedings at annual meeting of board (Appendix).. 



Orders: 

failure of sheriff to pay._ 
teacher's 



Payment: 

attendance officers 

bonds 

compensation for taking enumeration 

county superintendent's salary 

examination fees 

high school tuition 

Institute fees 

institute instructors. 

orders on sheriffs. - 

teacher's salary 

tuition 



Penalties: 

aiding or abetting violation of compulsory attendance 

compulsory education for the deaf and blind 

destruction of school property 

financial secretary for failure to make report. 

fraud in examinations 

school officers for neglecting to enforce compulsory attendance.. 

use of cigarettes.. 

use of conjmon drinking cup - 

violation of compulsory school law 



Plans and Location for School Buildings: 

to be approved by county superintendent. 

to be selected by county superintendent, when 



69 
65 



192 
90 



123 
9 
93 
34 
100 
81 
118 
117 
186 
90 
59 



126 

130 

8 

39 

103 

125 

2,4 

1 

122 



50 
50 



31 
30 
98 



67 
37 



47 
73 
38 
18 
39 
35 
45 
45 
65 
37 
28 



48 
49 
87 
20 
40 
48 
88 
87 
46 



23 
23 



116 INDEX 



Sec. Page 
Powers: 

county superintendent of schools. 35-40 19 

district board of education 46-68 22 

legislature to levy; constitution provision. X, 5 4 

state board of control 9-18 81 

state board of education 7-16 II 

state superintendent of schools. 18-26 15 

Preparatory Branch of the State University: 

West Virginia vocational school.. 148 54 

President: 

district board of education 41 21 

state board of control I 78 

state board of education 6 1 1 

Primary Certificates : 

special certificates.. 1 08 42 

Proceedings of Board: 

abstract to be posted 70 32 

Proceeds : 

levy to be used only for purposes levied 9 73 

rental for oil and gas from school lands.__ .-..._ 48 22 

sale of school property.. 48 22 

taxes, fines, and forfeitures to go to general school fund. 7 72 

Professional Certificates : 

renewal of. 77 

Property: 

board may purchase school sites 49 23 

buildings, furniture, and equipment 50 23 

land may be condemned 49 23 

sale of 48 22 

taxable, for levy purposes 5 69 

title to school sites. 47 22 

Publications: 

state superintendent 23 16 

Purchase : 

furniture, fixtures, equipment, and books. 50 23 

school land._ 49 23 

text-books to be furnished free to pupils 65 30 

United States flags .'. 63 30 

Pupils : 

colored 67 31 

compulsory attendance 1 22- 130 46 

contagious diseases, excluded ;.... 87 37 

deaf and blind .' 152-170 56 

high school tuition 81 35 

medical inspection 64 30 

not to be employed 1-3 91 

suspension and expulsion 87 37 

teacher to have authority over 87 37 

Transfer. \ 59 28 

transportation of. 58 28 

tuition 59 28 



INDEX 117 



Sec. Page 

Qualifications : 

county superintendent. 

district supervisors 

institute instructors 

state superintendent 

teachers 



Questions for Examinations : 

preparation and transmittal., 
return of manuscripts. 



Reading Circle: 

certificates 

course prescribed by state superintendent 

coupons of credit. 



Removal : 

apprentices from industrial home for girls.... 

members state board of control 

members stale board of education._ 

school officers 

teachers 



Renewal: 

fees. 

teachers' certificates (see page 77, also) 



Repairs : 

bond required from contractors. 

school buildings. 



Reports : 

annual, county superintendent._ , 

auditor, concerning general school fund 

biennial, of state superintendent. 

district supervisor's 

enumeration ^ 

manuals and other publications 

principals and teachers, cases of truancy.. 

secretary's. 

teacher's 



Requirement : 

certificates, general., 
elementary.... 



31 


17 


56 


26 


116 


45 


17 


15 


104 


40 


101 


39 


101 


39 



Quorum : 

district board of education 45 21 

Rates of Levy : 

additional fund purposes: 

bonded indebtedness 

elementary and high schools._ 

elementary schools: 

extension of minimum term 

maintenance building fund purposes. 

new building fund purposes 

teachers' fund purposes 

high schools: 

board may lay additional levy 

maintenance building and teachers' fund 



9 b, c. 


73 


9a 


73 


5 d, e 


71 


5 a 


71 


5 b 


71 


5c 


71 


5 


71 


5- 


71 


121 


45 


12! 


45 


121 


45 


179 


63 


1 


78 


4 


9 


IV, 6 


3 


57 


27 




77 


111 


43 


52 


24 


51 


24 


39 


20 


7 


72 


24 


16 


56 


26 


91-94 


38 


23 


16 


124 


48 


75 


32 


89 


37 


96 


38 


104 


40 



118 INDEX 



Sec. Page 

emergency 109 42 

high school. 1 05 41 

normal school 1 04 40 

short course _ 1 07 42 

special 108 42 

supervisor's _ 106 42 

Requisitions : 

supplementary aid ■ 7 72 

Revocation of Certificates: 

county superintendent shall report cases of immorality 1 12 44 

for drunkenness and immorality 1 12 44 

Rules and Regulations: 

for district supervision.. 56 26 

for holding examinations 97 39 

for purchase and distribution of text-books 13 14 

for standardization and cleissification of schools 8 1 1 

for vocational education 133 51 

of state board of education. 14 14 

Salary: 

advisory council 5 10 

assistants in uniform examinations 99 39 

attendance officer 1 23 47 

county superintendent of schools 33 18 

county financial secretary 38 19 

district board of education 45 21 

institute instructors 117 45 

janitors 53 24 

principals and teachers in state institutions 7 1 1 

school librarian _ 62 29 

secretary to state board of education 6 11 

state board of education 5 . 10 

teachers 55 25 

state superintendent of schools 17 15 

supervisor of colored schools 25 17 

Sale: 

school property _ 48 22 

School: 

board 4 1 -69 21 

buildings, furniture, and equipment 50 23 

buildings provided jointly 51 24 

calendar 97 

definition of 1 9 

discontinuance of. 58 28 

districts, definition of._ 3 9 

elections 184 65 

holidays. 57 27 

houses may be used for public meetings.. 61 29 

land._ ., 47 22 

law: 

to be interpreted by state superintendents 22 16 

to be printed and distributed 23 16 

libraries... 62 29 

property, may be sold _ 48 22 

sites.. 49 23 

term, minimum. 54 25 

year, definition of 2 9 



67 


31 


151 


56 


150 


55 


58 


28 


152 


56 


78 


33 


61 


29 


159 


58 


172 


61 


148 


54 


147 


5J 


134 


51 


149 


55 



INDEX 119 



Sec. Page 

Schools: 

colored 

colored institute. 

collegiate institute (colored) 

consolidated.. 

deaf and blind 

district and county high 

evening, extension, part time, and vocational 

industrial, for boys. 

industrial for girls. 

preparatory branch of the university. 

state normal - 

state university. 

trades. - 

School Funds and Levies: 

additional purp>oses._ 9 7J 

building: 

for elementary schools 

for high school - - 

teachers: 

for elementary schools ^ 

for high schools ^ 

general school fund 

vocational (Smith-Hughes) 1 3 1 

Secretary : 

district board of education 69 31 

duties: 

administer oaths... 

general / 

make abstracts of proceedings. 

make other reports..... :.. 

other duties 

penalty for failing to perform duties 

receive assessor's certificate - 

report rate of levy. - 

county financial - 

state board of control 

state board of education %. 

Settlement: 
sheriff's: 

with financial secretary. — , 

with county court._ 

to be made with reference to school year 



5 


7r 


5 


71 


5 


7r 


5 


71 


7 


72 


i1 


50 



71 


32 


69 


31 


70 


32 


75 


32 


77 


33 


74 


32 


72 


32 


73 


32 


38 


19 


1 


78 


6 


11 



187 


66 


190 


66 


2 


9 



Sinking Fund: 

provision for. - 9 b, c 73- 

Sites: 

school - 49 23^ 

Special : 

bond levy.. - - 

certificates 

debt levy. 

election for lajang additional levy - 

school elections, how held 



183 


64 


108 


42 


9 


73 


54 


25 


184 


6S 



120 



INDEX 



State Board of Control : 

accept gifts for institutions. 

appointment of 

conditions and records of institutions to be examined by 

construct, remodel, and repair buildings. 

corporation powers....^ 

creation of _ 

determine kind of animals to be slaughtered. 

employ architects 

expenses of members 

fix number and compensation of assistants and employees of insti- 
tutions. 

fix salaries of officers and employees 

forfeit office when. 

governor may direct to make investigation 

how constituted _ 

inspect meats, poultry, etc 

insure institutions.. _ 

investigate charges against employees. _ 

make report to governor _ 

make rules for its conduct 

management and control of certain institutions. 

money due institutions reported to ; 

■offices and fixtures _ 

pay salaries when 

prescribe records to be kept .^ 

publish and award contracts. 

purchase supplies 

recommend removal of certain officers. 

removal of 

salaries of emploj'^ees of _ 

salaries of members _ 

secretary and clerks to be appointed by._ ^ 

set of books to be kept by 

summon witnesses 

time given to duties 

titles vested in 

to have no interest in contracts or gifts 

visit institutions. 



Sec. 



Page 



State Board of Education : C ' 

board of regents and school book commission abolished 

charters of colleges and other schools to be approved 

emergency certificates regulated by 

high school certificates, requirements _ _ 

how constituted, vacancies, how filled._. ._ 

may be punished for accepting gifts and bribes 

meetings, salary, expenses 

normal school certificates approved by._ 

organization „ 

powers and duties.- 

shall adopt text-books (see text-books) 

shall exercise other authority ; 

shall make rules relaring to: 

physical education, special schools and duties of school 

officials 

appropriation of federal money for the removal of illiteracy. 

school attendance, classification of schools, and the issuing of 
certificates upon credentials 

shall prescribe minimum standards for courses of study. 

shall regulate purchase, distribution, and care of text-books 



16 


84 


I 


78 


8 


80 


13 


83 


1 


78 


1 


78 


12 


82 


13 


83 


2 


79 


10 


81 


10 


81 


12 


82 


15 


84 


I 


78 


12 


82 


17 


85 


10 


81 


15 


84 


II 


82 


3 &4 


79 


6 


80 


I 


78 


10 


81 


14 


84 


12 


82 


12 


82 


10 


81 


1 


78 


8 


80 


1 


78 


8 


80 


8 


80 


9 


81 


I 


78 


5 


79 


12 


82 


9 


81 


16 


15 


8 


11 


109 


42 


105 


41 


4 


9 


12 


14 


5 


10 


104 


40 


6 


11 


7 


11 


II 


12 


15 


13 


14 


14 


14 


14 


14 


14 


9 


12 


13 


14 



INDEX 121 



shall require plans for school buildings to be approved.. 

special certificates to be recommended by. 

training of teachers. 

vocational education under regulation of 



Sec. 


Page 


10 


12 


108 


42 


8 


11 


133 


51 



State Board of Regents: 

abolished 16 

State'Normal Schools: 

Athens 

Fairmont. 

GlenviIIe.„ 

Marshall college. 

Shepherdstown 

West Liberty. 



certificates; of three grades 

emergency certificates. 

elementary certificates. 

life certificates 

high school certificates.- 

special certificates.- 

normal school certificates. 

diplomas.- 

certificates for reading circle work._ 

requisitions for county superintendent's salary.. 



notify: 

county superintendents amount of supplementary aid.. 

county superintendents amount of high school aid 

,prepare: 

blanks and forms • 

manual of course of study.- 

questions for examinations 

list of library books 

"Prescribe: 

manner of conducting examinations 

reading circle courses 

provide: 

seal 

examinations in reading circle courses. 

renew certificates (see page 77 also) 

revoke certificates.- 

serve as a member of state board of education _. 

sign requisitions 

:shall give interpretation of school law. 

«hall have general supervision of schools.- 

-shall institute proceedings.- 

shall make a biennial report 



147 


53 


147 


53 


147 


53 


147 


53 


147 


53 


147 


53 



State Professional Certificates: 

renewal of. 77 

State Superintendent of Schools : 

election, qualifications, salary, and traveling expense 

may hold conference 

shall distribute state manuals and other publications 

m shall employ assistants 

shall exercise other powers and duties. 

appoint: 

assistants 

institute instructors. 

graders. 



17 


15 


21 


16 


23 


16 


25 


17 


26 


17 


25 


17 


116 


45 


102 


40 


104 


40 


109 


42 


104 


40 


111 


43 


105 


41 


108 


42 


104 


40 


23 


11 


121 


45 


34 


18 


7 


72 


82 d 


36 


19 


15 


23 


16 


97 


39 


23 


16 


97 


39 


121 


45 


18 


15 


121 


45 


111 


43 


112 


44 


4 


9 


18 


15 


22 


16 


19 


15 


20 


16 


24 


16 



122 INDEX 



State Tax Commissioner : 

shall prepare certain forms 



Sub-district 

creation of 

may be abolished, when 



Subjects: 

designated by board for high school certificates 

examination, for elementary certificates 



Superintendent : 

county. 

district 

state 



Supervisors: 

certificates- 
district 



Sec. 


Page 


13 


76 


3 


9^ 


58 


2& 


105 


41 


104 


4a 


31-40 


\7 


56 


26 


17-26 


15 


106 


42 


56 


2fr 



Supplementary Fund: 

general provisions for. 7 7Z 

Teachers : 

appointment of „ 57 27 

colored, normal training for, 150 55 

contracts. „ „. 86 3fr 

enumeration to be taken by 91 38 

examinations and certificates 96-112 38 

exempt from serving on juries 88 37^ 

fund._._ „ 5 c 71 

institutes „ _ _ 1 1 3- 1 20 44 

kindergarten „ 60 29 

may be dismissed and school discontinued. _ „ 58 28 

may be removed for what 57 27 

must hold certificates.- 96 38 

payment, how made. 90 37 

pupils to be reported to attendance officer by. 124 48 

reading circles 121 45 

records and reports 89 37 

salaries 55 25 

teacher's authority. 87 37 

Term: • 

county superintendent. 31 17 

length and extention of school 54 25 

graded schools: 

connected with normal training high schools. 77' 

members of state board of education 4 9 

members of district board of education 41 21 

state board of control „ 1 78- 

state superintendent- _ 17 15 

reports and registers .- 89 3/ 

trustees- _ 53 24 

Text-Books: 

adopted by state board of education _ 11 12 

bids and bonds required. lib 12 

commission abolished.- 16 15- 

depositories -. lie 12 

deposit from publisher required 11a 12 



INDEX 



123 



Sec. 



Page 



free 

gifts and bribes 

regulation as to price 

rules governing purchase and distribution 

samples and prices to be submitted 

Transfer: 

pupils may be transferred — tuition 

Truancy: 

compulsory attendance 

officer. 

Trustees: 

appointment of. 

authority of 

Tuition: 

elementary school ; 

high school._ 

Vacancies: 

county superintendent 

district board of education 

state board of education 

Validity: 

elementary certificates. 

emergency. 

high school._ 

normal school 

short course. 

SF>ecial._ 

supervisors._ 

Valuation of Property: 

board to levy upon._ 

report of. 

statement of assessed 

Violation: 

compulsory attendance: 

by parents or guardians. 

by school officers. 

by persons aiding or abetting violation of. 

for deaf and blind 

Vote: 

for additional levy 

for county superintendent ^ tie in 

for longer school term 

for members of district board; tie in 

on school levy _' 

Vocational Education: 

acceptance of federal act, 

custodian of funds 

under control of state board of education.-' 

West Virginia : 

CoUegistate institute 

Industrial School for Boys. .» 



65 


30 


12 


14 


II c&d 


12 


13 


14 


II a 


12 



59 



2a 



122 


46 


123 


47 


53 


24 


53 


24 


59 


28 


81 


35 


32 


IS 


43 


21 


4 


9 


104 


40 


109 


42 


105 


41 


104 


40 


107 


42 


108 


42 


106 


42 


5 


71 


6 


71 


5 


71 



122 


46 


125 


48 


126 


48 


130 


49 


9 


73 


31 


17 


54 


25 


42 


21 


5d,e 


71 


131 


50 


132 


50 


133 


51 


150 


55 


159 


58 



124 



INDEX 



Sec. 



certification of list and credits to county court — levy com- 
pelling payment _ 

commitments.. 

commitment fees. _ 

conveyances of youths to school — expenses _ 

convicts 

date accompanying commitment 

list of inmates for auditor _ _ _ 

offenses.- 

payment by counties of cost of detention — reimbursement 

parole 

proceedings for commitment _ 

transfers between school and penitentiary 

Industrial Home for Girls: 

admission 

binding out inmates as apprentices 

cruelty to apprentices _ 

date accompanying commitment — return and sentence. „. 

jurisdiction of apprentices-^by circuit court — desertion _ 

name — location 

removal of apprentices— escapes. 

separation of races 

trial on complaint. 

Schools for Deaf and Blind: 

admission. _ 

clothing _ _ 

comf>ensation for registration 

course of instruction 

name, location, management, purpose 

period of attendance — special admissions 

registration 

Trades School: 

location and general provision for 

University: 

admission and graduation of students 

agricultural extension division 



agricultural experiment station 

anatomical board, use of dead bodies 

colleges, schools, departments 

endowment for agricultural college 

extension in general 

federal appropriations 

military tredning 

name, location, control 

powers and duties of the president 

president shall make biennial reports 



170 
160 
164 
165 
161 
162 
169 
166 
168 
171 
163 
167 

173 
177 
178 
174 
180 
172 
179 
176 
175 

153 
154 
158 
156 
152 
155 
157 

149 

138 
139 
144 
145 
137 
142 
141 
143 
140 
134 
135 
136 



Page 

61 
58 
59 
59 
58 
58 
60 
60 
60 
61 
59 
60 

61 
62 
63 
62 
63 
61 
63 
62 
62 

56 
56 
58 
57 
56 
57 
57 

55 

51 
51 
53 
53 
51 
53 
52 
53 
52 
51 
51 
51 



^hite and Colored: 

pupils; constitutional provisions., 
statutory provision 



XII, 8 
67 



6 
31 



"X^ear: 



school 



^outh: 



enumeration 

enumeration of deaf and blind 

school aye.. 



91 


38 


130 


49 


5 


25 



LIBRARY OF CONGRESS 



019 748 529 2 




m. 



